Urgent Call for Appeal in Supreme Court for fight for Common Area

[naveenarichwal]

Dear Friends,

We in India are living in a very charged environment. There is power struggle going around each sphere of our lives. As apartment owners in Haryana, we are faced with a challenge of our own, where the statutes and Acts have been mis-interpreted to give away ownership of Common Area of Group Housing Society to the Builders.

The Order came from the Supreme Court on 10.12.2013. This order has serious consequences on perpetual & Absolute ownership of common areas.. we have just 30 days to challenge it as it applies not only to Gurgaon but to all districts of Haryana. We have been trying to build consensus among each Group Housing Society for the last two odd weeks.. that we as aggrieved parties have to approach the Apex Court to put forth our facts and Circumstances through the prism of which the court can understand & view the genesis of Self sustained community living, the intent of the legislatures to frame guidelines to ensure such community living is encouraged and promoted by allowing community to judiciously employ the resources made available to them through joint ownership of the Group Housing.

This requires us to go to the court and challenge it. for this we need your support and financial assistance. As going forward we are left with no time, the last date to file our challenge is 9th Jan'2014. You can very well understand the urgency. Therefore this is again a very humble request to all Home buyers & RWA's Office bearers to please help this cause by ensuring that we in no uncertain terms are able to proceed to the court and get back the ownership of our common areas. Please participate hole downheartedly in this cause as this affects our rights and interests.

For donations Please Contact:- Umesh Prabhakar .. 9953999795.
Or Contact your Respective RWA.

We need Volunteers for a lot of work that is being done.. those who can spare at least 2-4 hours a day for noble cause may contact.. Mr. Chhabra.. 9716517074

Please circulate this mail to every apartment owner you know in Haryana.
[b]

[yadav_ajay]

Friends and all members on this Forum,

Wishing you a very happy new year and a great year ahead!

First of all, I would like to clear the things that below case take up or collection of Funds is not initiated by GFWA or any of its associated member on GFWA behalf. Same time, not endorse any other group for the same by GFWA platform.

So, any amount or contribution should not be in the name of GFWA or its associated members for the subject matter mentioned below.

Further,

I would like to clear to all members that Supreme court not given any judgment on the Common area as described in below post and only apex court mentioned that Community hall and Commercial area belongs to builder. Which was the actual case from Silver Oak-Gurgaon.

Details of case : DLF made a big township and made some common community halls and Shopping area to cater all towers/societies within that Township. Silver Oak (One of the Society from that Township) Filled case against DLF and claimed that those Community Hall and Shopping Complex belongs to them. Finally case listed in Supreme court and Apex Court made judgment that those Shopping area and Community Hall belongs to Builder and Society can’t claim for the same.

Further, there is no mention of any Green area, Play area, and other common area in that judgment. So, nothing to worry on that Part. (You can read HT Estate of 28th Dec’13, on Right hand Top it is clearly mentioned that judgment is for Commercial and Community hall under “take five Moves for reforms in 2013”).
There is no serious consequences on perpetual & Absolute ownership of common areas as per judgment.

So, that should not be any ambiguity on this subject matter and must be clear what is in their (Society ) interest.

Moreover, as Silver Oak filled the case, so First right lies with them to file the review petition not with anyone else.

At last, GFWA under finalization for "To Do acttivities for 2014", so we would inform all our esteem members of this forum about the same in due course and request for volunteers accordingly (GFWA not initiated any request for Volunteers as of now).

Request for volunteers would follow soon and you would receive a mail soon from admin or you can reach at wc@gfwa.in

[sanjeev2111]

Hi All,

Completely agree with Ajay here, the court judgement is for specific case and will not be used in reference for societies like RPS Savana or others in neherpar.

Sanjeev

[BlessU]

Hi
Greetings

Let me clear some air..

The judgement is clearly an interpretation of the HRD Act/Rules along with HAO Act by the highest authority in law.. The supreme court.

The judgement may be made on a specific case of Silver Oak but defines the "ownership" of the "community and commercial facilities" including schools, hospitals, community centers and other community buildings referred to in Section 3(3)(a)(iv) of the Development Act vests with the colonizer!!!

Therefore, it is clearly writ on the wall that RPS or any other builder in Neharpar, or for that matter across the state, would now want to keep the ownership of "Community and Commercial Facilities", while we pay for it.

The situation is worse where builders have already sold off/subleased/transferred "common areas and facilities" to third parties and RWAs have not even moved court. We have many such instances all around.

It is a wake up call for all buyers across the state and come together on any platform, GFWA or otherwise, willing to challenge this judgement.

Cheers

[dheerajjain]

Agreed with BlessU ! Supreme Court judgment is interpretation of Haryana Apartment Ownership Act, 1983 and all lower courts including NCDRC and Punjab & Haryana High Court will be required to adhere to this interpretation. Supreme Court overturned decision against DLF in Silver Oaks Association, Gurgaon VS DLF case by Punjab & Haryana High Court for common areas. Please note that Forum strongly believes in Silver Oaks Association of Guragon and had meetings in 2010 with their association office bearers. Seema (executive member of GFWA), myself and buyers from RPS Savana, Piyush Heights held couple of meetings with them and from them only, came to know about laws and rights of flat owners. Please see MoM and threads below:

flat-owners-rights-and-mom-with-silver-oaks-association-t245.html
meeting-with-residents-of-dlf-silver-oaks-gurgaon-t237.html

Consequences of this judgment which denies common areas to Apartment Owners for which we pay huge charges and also included in Super Area are very adverse for flat owners. It is like living in a society where except 4 walls of house, almost nothing belongs to apartment owner. Today, buyer informed me that after this judgment, builders in Greater Faridabad itself are making life miserable for residents. One builder demanded Rs 20,000/- for using Club in society for small event. It is like apartment belongs to you but you have to shell out huge money every month for living in it.
Current GFWA Working Committee does not seem interested in pushing this in Supreme Court. But, Federation of Apartment Owners led by Mr. Umesh Prabhakar, Mr. Aashish Kaul, Mr. Narender Chaabra (ex President of GFWA) are doing their best efforts to get review petition filed in Supreme Court and they are asking for help from all RWAs and apartment buyers. I see everything right in it and fully support them posting on forum. As a forum moderator, I assure all members that forum is open to all and everyone is free to express his views and ask for help.

[yadav_ajay]

Can anyone confirm me where in judgment it is written that common area( like Play, green, Lift area, etc etc..) belong to builder, other than Community hall and commercial.

and Right of Indvidual doesn;t only belong to 4 walls of Flat.

There is total misinterpretation of judgment and all information circulation is misleading to all members.

Posting on Form is allowable to all members and we never stop anyone to post on forum.

But, communication should be clear and well stated.

I'm also getting calls, why GFWA started collecting money for this case. So, agenda and communication should be clear and should not be misleading to forum members.

Moreover, all are intelligent peoples and know what to do and what not to do??

At last, I can only say " DIKHAVE PE MAT JAO APNI AKAL LAGAO"

Note : There are many more forum moderators.

[dheerajjain]

Group Housing Society by definition means that Community Buildings like Clubs, Open Parking,Schools etc. contained within 4 walls of Gated Society belongs to Society of Apartment Owners. Green Area is just 10% of total area in today constructions done by builders. Please note that we all buyers pay EDC on entire Area of Group Housing Society and all charges are proportional to total area contained in Group Housing Society. Additionally, builders charge separately for Club charges etc. If for getting your small child admitted to Nursery School/Primary School in your society, you have to shell out huge amount OR if for accessing Club or conducting an event in Club, you have to shell out huge amount etc., than that defeats entire concept of Group Housing Societies. By concept, Gate of Group Housing Society acts as 4 walls for Apartment Owners staying there. Even Power Departments and Water Departments provide facilities till Access point of Group Housing society and distribution begins from there locally by Society. This interpretation of law by Supreme Court and affidavit by Haryana Govt. with active nexus of DLF defies common sense. Either Supreme Court should order detailed law framing by Haryana Govt. OR withdraw this judgment

[naveenarichwal]

This is The SC Judgement Regarding Common area, .
PFA

[Arunava]

I suggest instead of circulating messages within GFWA forum, GFWA should seek legal opinion to dedide the implication. Incase we have some members from legal fraternity we can seek there help.

Regards

Arunava