Here is an Article that was published within 4 days of the judgement that gave common areas to the builder. My question is when in townships in Noida, Home buyers would have all control of their projects and in Haryana the same working class would be deprived of the advantages of living in Community Building... then would you still prefer a house in Haryana?? With Daily conflicts with Builders and their maintenance staff would your property prices appreciate as maybe of Noida???
·
14 Dec 2013
·
Hindustan Times (Delhi)
·
Jeevan Prakash Sharma
jeevan.sharma@hindustantimes.com
Homebuyers will be ‘exploited’
Experts and RWA representatives say developers
likely to misinterpret SC judgment
Legal experts and RWA
representatives have differing opinions on the Supreme Court’s interpretation
of the relevant provisions on common areas and facilities in both the Haryana
Development and Regulation of Urban Areas Act, 1975, and the Haryana Apartment
Ownership Act, 1983.PICTURE REPRESENTATIONAL PURPOSE ONLY
While some experts are of
the view that the apex court has struck a balance between the rights of the
RWAs and developers, others argue that the judgment will be used by the real
estate developer to exploit vulnerable homebuyers.
Gurgaon residents have
been having problems. Anjali Jain, the a resident of a group housing project,
says, “There is a school in my complex which the developer sold to an
educational institution years ago. The monthly fee is R25,000, an amount that
just 2% of the residents can afford. While our children go to other schools far
away, students from far flung areas who can afford to pay the fees come here.”
The complaint of another
resident is that the “Supreme Court hasn’t given a definition of what the
community and commercial facilities will include. Now the developer can take
stake claim to our parks arguing that it is a community facility. This could
happen even to the temples and similar community services.”
And what happens if, as
per the judgment, the developer gets to control the convenience shops in a
residential complex? “Our experience shows that lots of such shops have been
closed and turned into other profitable ventures such as property dealerships,
beauty parlours, fast food eating joints etc. The residents have to go out of
their societies and travel to distant places to buy things of basic need,” says
Ashish Kaul, an apartment owner in Gurgaon.
Residents of The World
Spa, a group housing project in Gurgaon’s Sector 39 & 40, have reasons to
worry. A few years ago hundreds of residents fought against the developer for
rights to the community club. “Now after the judgment the developer can take
back the club and lease it out to anybody or run it on his own to make money.
What if he charges an exorbitant amount both for membership and monthly usage?
We will suffer, outsiders will enjoy the benefit and the developer will make
money,” complains a resident.
Highlighting a few g rey
areas in the real estate regulation acts of Haryana, Santosh Paul, a Supreme
Court lawyer who appeared for the residents of Silver Oaks, says, “The
government of Haryana needs to amend laws along the lines of the Maharashtra
Ownership Flats Act (MOFA), which gives ownership rights over everything that
exists in the complex to flat owners. There is no ambiguity in the MOFA while
real estate development acts in Haryana are full of grey areas.”
Mukul Rohatgi, senior
advocate who appeared for DLF in the case, contradicts Paul, saying, “Every
state has made real estate laws according to its own housing requirements. So
is the case with the state of Haryana. I don’t see any issue with the real
estate development acts.”
Rohatgi adds, “If the
residents feel aggrieved because of a nursery school leased out to expensive
educational institutions, they can complain to the education department. If the
convenient shopping centers are not used for the purpose for which they are
constructed, the residents can complain to the competent authority. However,
these violations don’t mean that the rights of colonizers will be curtailed.
Developers don’t charge money from flat buyers to construct community and
commercial facilities. I think the judgment is a balancing act between the
rights of the flat buyers and builders.”
Kaul, in redponse, says,
“If we have go to the court for everything, then we will spend the rest of our
lives fighting in court.”
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