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Housing Laws in India Problems and Remedies : Covering; Flats and Apartments Promoters, Builders and Developers Co-Operative Housing Societies etc. Environment, Slum and Ecology Compensation and Consumer Forum,8171771157,9788171771158

Housing Laws in India Problems and Remedies : Covering; Flats and Apartments Promoters, Builders and Developers Co-Operative Housing Societies etc. Environment, Slum and Ecology Compensation and Consumer Forum

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Book Information

Publisher:Eastern Law House
Published In:2000
ISBN-10:8171771157
ISBN-13:9788171771158
Binding Type:Hardback
Weight:3.22 lbs
Pages:pp. 89 + 861, Tables, Index, Appendices

The Title "Housing Laws in India Problems and Remedies : Covering; Flats and Apartments Promoters, Builders and Developers Co-Operative Housing Societies etc. Environment, Slum and Ecology Compensation and Consumer Forum" is written by P.K. Sarkar. This book was published in the year 2000. The ISBN number 8171771157|9788171771158 is assigned to the Hardback version of this title. This book has total of pp. 89 + 861 (Pages). The publisher of this title is Eastern Law House. We have about 209 other great books from this publisher. Housing Laws in India Problems and Remedies : Covering; Flats and Apartments Promoters, Builders and Developers Co-Operative Housing Societies etc. Environment, Slum and Ecology Compensation and Consumer Forum is currently Available with us.

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About the Book

The right to shelter emanates as a fundamental right from the right to residence and to life assured in Arts. 19(l) (e) and 21 of the Constitution and this work, relying upon the relevant judicial pronouncements, discusses the numerous housing laws (excepting the Rent Acts) as made by the different States of the country, and focuses on the inevitable thread of unity running through them all.

Different legislations studied :
In the background of the population explosion and ours being a welfare State the challenging task of providing shelter to the people has been taken up by several Government and semi-Government projects, Housing Co-operatives and corporate sectors in different States across the Country keeping due regard to the local features and requirements coupled with the mushroom growth of private promoters and builders. The Author in the present work makes an in-depth study of the several statutes and subordinate legislations on the subject and also the rights and limitations of the promoters, developers and builders in their functioning as such.

Extensive field covered :
Besides the Apartment laws and the Building legislations, the author has dealt with agreements relating to development and raising of buildings, specific performance of contract, illegal and defective construction, incidence on land, encroachment, reinstatement, possession and title, easementary rights, pre-emption, auction sale, change of user, eviction, slum clearance, nuisance, allotments by State agencies and allied problems, delivery of possession, municipal and building taxes, urban ceiling disputes, environmental disturbances, air and water pollution, housing activities in forest area, the problems that come up on the way and their remedies in details dividing the topics in as many as 49 Chapters for the convenience of the readers.

Protection of consumer :
The author has also included in his study the Consumer Protection Act 1986 and the MRTP Act 1969 under the salient provisions of which majority of housing disputes are now being dealt with, and has placed up-to-date decisions of the Supreme Court and of the different High Courts wherever necessary. The extensive coverage of the Book makes it unique for practical use by Judges, lawyers, corporate bodies, private promoters and builders besides laypersons interested in related matters.

Contents

Preface
Table of Cases
Table of Statutes
Table of Subordinate Legislations

Part A : APARTMENT LAWS CHAPTER :
I. Housing-A Vexed Question :
1. Magnitude of the Problem
2. Housing for the Poor

A. National Housing and Habitat Policy 1998 :
1. Lofty Aspirations
2. Lofty Ideals
3. Serious Setback
4. Finance
5. Legal Reforms
6. Slum Improvements
7. Central Government, State Government and Local Authority
8. Budget 1999-2000 (Housing)

B. Allocations :
1. Rural Development

II. Introduction :
1. Apartment Legislations
2. Promoter Regulatory Acts
i. Maharashtra
ii. Gujarat
iii. Karnataka
iv. West Bengal
v. Punjab
vi. Andhra Pradesh
vii. Delhi

III. Promoter Regulatory Acts :
A. Promoter VIS-A-VIS Developer and Co-Operative Society :
1. Promoter
2. Definition of 'Promoter'
3. Promotership an Industry
4. Developer-Only a Builder
5. Promoter/Developer and Housing Co-Operative/Other Societies

B. Ownership of Flat :
1. Absolute Ownership
2. Exclusive Ownership
3. Dual Ownership
4. Types of Co-Operative Housing Society-Incidence of Membership
5. Licensor, Licensee in Co-Operative Society-Status

C. Registration of Promoter :
1. Promoter-Registration Compulsory and Other Requirements
2. Separate Permission for Separate Project
3. Persons Debarred to Be Promoters
4. Bank Guarantee and Income-Tax Clearance Certificate Required
5. Sale Price of Flat-40% As Advance (Section 7, W.B. Act 1993)
6. Appeal and Revision Against Refusal/Cancellation of Registration

D. Public Interest Litigation (Preamble) :
1. Preamble
2. Object of Public Interest Litigation and Writ
3. "Locus Standi" in Public Interest Litigation
4. Res Judicata and PIL
5. Limitation of PIL
6. Delay in Filing PIL
7. Examples of Public Interest Litigations

E. Definition of Flat, Apartment and Building :
1. Flat
2. Apartment
3. Duplex Bunglow
4. Building
5. Promoter's Title

F. Environmental Law and Ecology (Building Site) :
1. Agreements-Promoter, Owner of Land, Builder and Purchaser
2. Assignment of Benefit of Agreement
3. Building Contract
4. Agreement with Purchaser and Advance
5. Stamp Duty
6. Consequences of Non-Registration of Agreement
7. Advance or Deposit Taken by Promoter
8. Liability for Outgoings Etc

G. Alteration and Additions :
1. Defective Construction
2. Power of Statutory Authority
3. Nature of Enquiry
4. Illegal or Unauthorised Construction
5. Jurisdiction of Civil Court
6. Delivery of Possession
7. No Mortgage by Promoter Etc
8. Promoter to Form Co-Operative Society Etc
9. Formation of Co-Operative Society
10. Registration of Co-Operative Housing Society
11. Specific Performance
12. General Liabilities of Flat Taker
13. Organisation of Flat Purchasers
14. Housing Society
15. Trustees of Minor Children
16. Manager not to Cut Off, Withhold, Curtail or Reduce Supply Etc.
17. Adjudication of Disputes
18. Promoter to Insure
19. Offences by Promoter
20. Period of Limitation
21. Reasonable Excuse
22. Compounding of Offences
23. Offences by Companies
24. Mens Rea
25. Power to Make Rules
26. Promoter's Act and Transfer of Property Act 1882
27. Existing Flats and Application of the New Act
28. Exemption to Housing Board Etc.

IV. Duties and Obligations :
1. Purchaser's Duty
2. The Land
3. Promoter's Duties to Purchaser
4. Purchaser's Obligation
5. Owner's Duties to Promoter
6. Promoter's Duty to Owner of Lan
7. Mutual Covenants between Promoter and Owner
8. Penal Clauses (Liquidated Damages and Penalty)
9. Arbitration Clauses
10. Jurisdiction

A. Conversion of Agricultural Land for Non-Agricultural Purpose (Residential) :
1. Change in Character-Permission Mandatory
2. Building Plan and Building Rules
3. Building Rules
4. Restrictions On Transfer of Immovable Property

V. Income-Tax on Flat-Owner, Developer and Promoter :
1. Sale Instances not Considered and Market Value Not Determined by Appropriate Authority
2. Agreement for Transfer of Development Rights
3. Alteration or Revocation of Agreement for Sale
4. Auction Sale by Appropriate Authority
5. Pre-Emptive Purchase by Appropriate Authority on Discounted Value
6. Pre-Emptive Purchase on Defective Notice
7. Valuation of Flat for Income-Tax Purposes
8. Valuation by Appropriate Authority
9. Valuation or Transfer of Co-Operative Flat
10. Business Expenditure for Income-Tax Purposes
11. Transfer of Trust Property
12. Transfer of Immovable Property by Non-Resident Indian
13. Income-Tax on Benami Transaction
14. Capital Gains Tax
15. Wealth Tax

VI. Apartment Ownership Acts :
1. Application of the Acts
2. Application of the Act
3. Apartment Owner
4. Definitions (Apartment Ownership Act)
5. Apartment Owner
6. Flats of Housing Board/Improvement Trust Etc
7. Competent Authority
8. Apartment Transferable and Heritable-Legal Incidence
9. Benami Transactions (Prohibition) Act 1988
10. Ownership of Apartment
11. Common Areas and Facilities
12. Easement Rights
13. Amenities of Common Areas and Facilities
14. Parking Space
15. Electricity
16. Water Supply
17. Sewers and Drains
18. Improvements
19. Compliance with Bye-Laws, Covenants Etc.
20. Certain Work Prohibited
21. Encumbrance Against Apartments Etc
22. Common Profits and Expenses
23. Contents of Declaration
24. Contents of Deeds of Apartments
25. Declarations, Deeds of Apartments and Copies of Floor Plans to Be Registered
26. Removal/Withdrawal From Provisions of Act
27. Removal/Withdrawal No Bar for Resubmission
28. Bye-Laws
29. Waiver of Use of Common Areas and Facilities
30. Separate Assessment
31. Municipal Taxes Etc. (Assessment)
32. Charge for Property of Common Expenses
33. Joint and Several Liability of Vendor for Unpaid Common Expenses
34. Insurance
35. Disposition of Property—Destruction or Damages
36. Action
37. Act to Be Binding On Apartment Owners, Tenants Etc
38. Power to Exempt From Stamp Duty, Registration Fee and Court-Fees-Power to Refund
39. Power to Make Rules
40. Removal of Doubt
41. Severability

A. Special Provisions :
1. Indian Registration Act 1908 (Relevant Parts)
2. Effect of Non-Registration

B. Sale of Part of a House as Flat vertical Division of House :
1. Horizontal Division of House
2. Roof Right
3. Management of Flats/Apartment

C. On Covenants :
1. Personal or Positive Covenants
2. Negative or Restrictive Covenants-Injunctions
3. On Power of Attorney
4. On Conveyancing

D. Special Provisions Loan Facilities for Housing :
1. Home Loan Account Scheme
2. National Housing Bank
3. State Bank of India Home Finance Limited

Part B : HOUSING LAWS :
VII. Building Legislation :
1. Permissible Built-Up Area (FSI/FAR)/Height of Building
2. Development Scheme and Master Plan
3. Town Development Planning
4. Building Repair and Repair Cess
5. Revocation of Building Permission
6. Public Road-Safety-To Cause Damage
7. Refusal of Building Permission
8. Development of Building Sites
9. Authority to Sanction Building Plan
10. Sanction of Building Plan on Leasehold Land
11. Sanction of Building Plan and Urban Ceiling Act
12. Sanction of Building Plan and Tenants
13. Sanction of Building Plan
14. Development Permission-Development Charges
15. Extension of Time or Renewal of Sanctioned Plan
16. Building Permission in Newly Added Areas of Corporation
17. Building Permission and Land Acquisition Proceedings
18. "Deemed Sanction" of Building Plan
19. Sanction of Plan Reserving Plots to Government
20. Building Rules and Personal Covenants
21. Extension of Municipal or Corporation Areas

VIII. Development and Building Agreement :
1. No Right to Property Accrues On Development Agreement
2. Claim for Extra-Work
3. Delay in Execution of Building Agreement
4. Agreement for Illegal Construction
5. Agreement for Reconstruction

IX. Specific Performance :
1. Agreement to Sell and Third Party Purchaser
2. Appeal Against Orders Under the Act
3. Completion of Sale with Permission of Urban Authority
4. Payment in Lieu of Specific Performance
5. Compromise Decree in Lieu of Specific Performance
6. Sale Dependent on no Objection Certificate P
7. Stranger to Agreement
8. Contracts by Co-Operative Housing Society

X. Illegal Construction :
1. Illegal Construction of Excess FSI/FAR
2. Construction Activities Without Approval of Municipal Authorities
3. Regularising Unauthorised Construction
4. Construction on Government Acquired Land
5. Damages to Purchaser for Negligence of Seller
6. Dispute as to Construction Unauthorised or not
7. Illegal Construction Admitted by Owner
8. Illegal Construction and Order by Court-Effect
9. Stoppage of Work Order for Illegal Construction
10. Legal Action Against Illegal Construction
11. Construction Activities in Evacuee Property
12. Costs to Guard Illegal Construction
13. Permission to Repair Cannot Be Extended to New Construction

XI. Defective Construction :
1. Lack of Amenities to Sustain Life
2. Conversion of Basket Type Privy to Water Type Closet
3. Damages for Death Due to Defect in Structure of Building
4. Inhabitable Flats Delivered Even On Payment of Dues by Purchaser
5. Increase of Rent of Tenants for Better Maintenance, Sanitation Etc
6. Occupier of Flat under a Legal Right Belonging to Government Servant Occupying Government Quarters
7. Landlord/Trustee of Premises to Carry Out Essential Repair After Notice
8. Tenements Allotted to Housing Co-Operative Society by Government Has no Liability

XII. Non-Construction :
1. Construction Incomplete for Non-Release of Fund by Financial Institution
2. Non-Construction on Allotted Sites for Lack of Essential Services

XIII. Demolition and Reconstruction :
1. Notice of Removal/Demolition of Unauthorised Construction After Several Decades
2. Destruction of Tenanted Premises of Fire-Right of Tenant
3. Demolition of Illegal Structures Purchased by Bona Fide Flat Owners
4. Acquisition and Demolition of Part of Premises for Road Widening
5. Acquisition and Demolition for Reconstruction of Dilapidated Premises
6. Both Tenant and Landlord Are Necessary Parties to Demolition Proceedings
7. Demolition Only After Proper Notice with Action Papers (Photographs) and Hearing
8. Notice of Demolition in Spite of Stay Order of Unauthorised Construction
9. Demolition Following Due Process of Law
10. Demolition-Damage to Undemolished Part Condonation or Forfeiture of Unauthorised Construction
11. Court Guidelines on Illegal Construction and Demolition
12. Demolition-Reconstruction and Right of Tenant in Reconstructed Premises
13. Demolition of Illegal Construction Beside National Highway Within Municipal Limits
14. Demolition when Not Desirable
15. Demolition of Religious Place for Road Widening
16. Demolition and Powers of Municipal Commissioner, Additional/Deputy Commissioner
17. Demolition Order and Tenant or Occupier
18. Penal Fees Regularising Illegal Construction to Avoid Demolition
19. Non-Action of Municipal Corporation Against Illegal Construction
20. Demolition of Unauthorised Fencing of Wood or Metal with Tin-Shed
21. Demolition of Illegal Construction of Public Street

XIV. Incidence on Land :
1. Owners' Right and Acquisition for Development Plan
2. Abolition of Land-Grant
3. Consequences of Transition of Rural to Urban Notified or Industrial Area
4. Causing Injuries to Land—Digging Soil, Cutting Channels Etc.
5. Certain Acts Not to Apply to Protect Evacuees from Pakistan
6. Ownership of Land Used As Footpath and Street by Public
7. Land Not Included in Building
8. Land of Certain Meaning and Significance
9. Power of Attorney to Negotiate Is Not for Sale or Make Agreement to Sale
10. Allotment or Sale of Semi-Developed, Undeveloped Land for Residential and/or Commercial Complexes
11. Purchase of Land under Conditions
12. Increment of Land Through Accretion by Alluvion or Derelication of River
13. Abolition of Settlement of Fishery Grant

XV. Encroachment and Reinstatement :
1. Encroachment of Public Road
2. Encroachment on Railway Land, Station, Power Cabin, Hightension Line
3. Eviction Proceedings by Government on Land not of Government
4. Business Activities ON Encroached Pavements Claiming Right of Livelihood
5. Removal of Encroachment
6. Ownership of Public Road
7. Licence to Hawk and Hawking Zone
8. Reinstatement or Rehousing for Development Scheme
9. Building Activities on Encroached Land
10. Encroaching Land of SC/ST Community

XVI. Possession and Title :
1. Title Perfected by Limitation Period
2. Right of Tenant Etc. After CPC Amendment in 1976
3. Adverse Possession and Title
4. Nature of Possession Disputed
5. Possession of Tenant in Illegal Construction
6. Possession Protected by Injunction
7. Right of Mundkar under Mundkar Act 1975
8. Right of Seller Extinguished On Transfer
9. Mutation Entries no Evidence of Ownership
10. Requirement to be Occupier
11. Title Not Defeated by Permissive Possession
12. Person in Occupation Has Better Claim
13. No Title if Property Encumbered to Co-Operative Society
14. Title of Co-Owners Equal
15. Ownership of Banamdar Constructing Superstructure on Benami Land

XVII. Easement Rights :
1. Licence Irrevocable if Licensor Acquiesces in Permanent Construction by Licensee
2. Ingredients of Easement Right by Prescription
3. Easement of Passage through Others Property
4. On Expiry of Licence Reversion Survives to Licensor
5. Obstruction to Passage of Easement of Necessity
6. Permissive Use Not Use As of Right and Easement
7. Licence Expires When Licensor Transfers His Right or Title
8. Easement Right of Light and Air Etc

XVIII. Pre-Emption :
Object and Purpose of Pre-Emption
Nature of Right of Pre-Emption
Applicability of The Law in India
Pre-Emptive Purchase and Easement
Right of Pre-Emption UPTO Certain Date
Valuation for Pre-Emptive Purchase

XIX. Auction Sale and Purchase :
1. Auction Sale Made at Lower Estimated Price and Publication of Time of Auction
2. Auction Sale Null and Void for Want of Proper Notice
3. Auction Sale Null and Void for Failure to Deposit Bid Amount
4. Auction Sale of Property under Orders of Court
5. Auction of Sand Collection Area
6. Auction of Property in Possession of Previous Purchaser
7. Confirmation of Auction Sale
8. Allotment through Public Auction
9. Forfeiture of Earnest Money in Public Auction
10. Delivery of Possession without Receiving Amount in Full
11. Public Auction of Toddy Shop
12. Voluntary Transfer and Auction Sale
13. Auction Sale by Municipal-Local Authority
14. Auction Sale by Municipal Authorities-Local Body-State Agency

XX. Change of User :
1. Lessee of Agricultural Land of Aboriginal Diverted to Non-Agricultural Purposes
2. Conversion of Industrial Plot to a Hotel
3. Change of Character of Land by Felling Trees in Private Plantation
4. Changing User From Residential to Commercial Use
5. Change of User by Holder Whether Owner or not
6. Change of User of Uncultivated Agricultural Land to Urban Use is Illegal
7. Eviction Proceedings for Change of User of Premises Survives on Transfer of Premises
8. Change of User Lawful If Permitted by Competent Authorities
9. No Change of User
10. Time When Change of User Takes Place
11. Conversion or Change of User under Land Acquisition Act 1894

XXI. Eviction :
1. Eviction Proceedings for Change of User of Premises Survives on Transfer of Premises
2. Eviction for Unauthorised Occupation
3. Ex Parte Eviction Order Declaring Trespasser
4. Eviction From Corporation or Company Premises Allotted Under Contract Tenure
5. Eviction Order Without Show-Cause Notice
6. Forcible Eviction
7. Eviction On Expiry of Lease Period or Licence
8. Eviction of Tenant On Ground of Reconstruction of Building
9. Eviction Proceedings On Ground of Non-User of Premises

XXII. Slum Area :
1. Slum Clearance and Reconstruction of Building Therein and Right of Tenants
2. For Declaring Slum Area Publication of Notice as Per Law is Mandatory
3. Declaration of Slum Area by Government or at the Instance of Slum-Dwellers or Local Authority
4. Duty of the Slum Clearance Board
5. Duty of Local Authority to Provide Basic Amenities of Slum-Dwellers
6. Prohibition as to Creation of Slum

XXIII. Nuisance :
1. Definition or Meaning of Nuisance
2. Private and Public Nuisance
3. Public Nuisance and Injunction Against Public Nuisance
4. Statutory Nuisance
5. Nuisance Caused by Cattle Stable
6. Nuisance Caused by Obstruction on the Pathway
7. Nuisance Caused to Other Occupants of Building by Change of User
8. Nuisance Caused by Dumping of Garbage
9. Nuisance Caused by Fumes, Smoke Etc. of Kitchen of Restaurant-Air Pollution
10. Nuisance Caused by "Dancing Hall" in Hotel Resorts
11. Nuisance Caused by Use of Premises for Immoral Purposes as Brothel
12. Nuisance Health Hazards, Air Pollution and Traffic Problems Caused by Exhibition on Open Ground
13. Nuisance Caused by Trees Endangering House and Life
14. Nuisance Caused by Stray Street Dogs
15. Nuisance and Annoyance to Neighbouring Occupants Caused by One Occupant

XXIV. Illegal Allotment :
1. Allotment Made Contrary to Law
2. Arbitrary Allotment from Discretionary Quota
3. Government Land Allotted Without Following Any Legal Procedure
4. Allotments Made Against Policy Framed by the Government
5. Rules, Regulations and Guidelines Should Be Framed for Allotment

XXV. Cancellation of Allotment :
1. Cancellation of Allotment Arbitrary
2. Cancellation of Allotment for Illegal Transfer by Original Allottee
3. Cancellation of Allotment for Non-Payment of Enhanced Price for Increase in the Cost of Acquisition
4. Allotment Made Cannot Be Cancelled When Possession is Claimed by Someone Else
5. Cancellation for Breach of Conditions of Allotment
6. Cancellation of Allotment Made Under Discretionary Quota After 31st October 1989 to Be Treated Alike

XXV. Cancellation of Allotment-Continued :
1. Cancellation of Allotment to Non-Member of Co-Operative Society
2. Cancellation of Allotment for Owning Another Plot
3. Allotment Cannot Be Cancelled When Conveyance Deed Executed
4. Cancellation of Allotment and Refund of Deposit Money
5. Cancellation to Be Made Only After Giving Opportunity of Hearing to the Allottee

XXVI. Non-Allotment :
1. Private Institution Cannot Claim Parity with Government Institution for Allotment
2. Landless Homeless Person Cannot Claim Allotment in Absence of Rules, Notification
3. Legal, Vaild Allotment Cannot Be Frozen by Government Notification
4. Plots Subdivided Into Smaller Ones to Accommodate All Petitioners
5. Inviting Application is Not a Promise to Allot Plot
6. Bulk Allotment in Favour of Co-Operative Housing Society Require Prior Approval of Government

XXVII. Allotment of Industrial Plot :
1. Allotted Plot Resumed by Authority as no Industrial Unit Established Within Time
2. Offer of Allotment of Industrial Plot by Govt. Agency is Not Concluded Contract
3. Non-Delivery of Possession of Industrial Plot to Allottee After Full Payment
4. Claim of Additional Industrial Plot by Allottee
5. Allotment of Plot in Conforming Areas for Industries Functioning in Non-Conforming Areas

XXVIII. Alternative Allotment :
1. Application for Allotment of Alternative Site Surrendering Allotted Site
2. Prayer for Alternative Industrial Plot of Higher Price Cannot Be Granted
3. Allottees Accommodated in Alternative Plots as Allotted Plots Were Encroached by Slum Dwellers
4. Alternative Site May Be of Higher Price Than Original Proposed Site
5. Reallotment of Land Auctioned for Arrears of Revenue

XXIX. Special Allotment :
1. Allotment at Concession for Two Income Groups
2. Allotment to Allottee Crossing a Certain Age is not Challengeable
3. Allotment on Directions Given by Government

XXX. Alienation and Allotment :
1. When Alienation is Prohibited Alienee Can Hold Land Adverse to the Alienor
2. Alienation of Suit Property Without Permission of Court is Illegal
3. Amendments to Rules of Alienation Prejudicial to the Allottees of Pong Dam Oustees Held Ultra Vires

XXXI. Deposit and Allotment :
1. Stay Order by Court on Depositing Entire Cost of Construction of House to Be Allotted
2. Forfeiture of Earnest Money Deposited for Default in Instalment Payment
3. On Refusal to Accept Allotment Court Allowed to Forfeit 50% of Deposit Amount

XXXII. Delivery of Possession :
1. An Allottee Has Statutory Right to Get Sale/Lease Deed on Delivery of Possession
2. On Payment of Agreed Price Delivery of Possession and Execution of Deed Should Be Completed
3. On Allotment and Completion of Formalities Possession Should Be Delivered
4. Breach of Agreement Continues From Day to Day Till Possession is Delivered

XXXIII. Enhancement of Price :
1. Transferee from Allottee Is Liable to Pay Additional Price for Enhanced Compensation for Acquisition Cost
2. Claim of Enhanced Price Contrary to Terms of Allotment Is Illegal
3. Enhancement of Price as Per Redetermination of Cost of Land by Govt. On Completion of Acquisition Proceedings
4. Enhancement of Price for Acquisition and Development of Land to Be Borne by Allottee
5. Enhancement of Price as Allottee Was Left Out from Earlier Draw of Lots Illegally
6. Enhancement of Price for Delay in Construction and Delivery of Possession
7. Price Enhanced Than in the Prospectus for Modification of Design of House and Layout Plan
8. Enhancement of Price for Delay in Delivery of Possession For Stay Order of Court
9. Enhancement of Price of Houses of Higher Category to Provide Subsidy to Houses for Weaker Sections
10. Cost of Flats Constructed by DDA Itself Higher than Flats under Self Financing Scheme

XXXIV. Housing and Government :
1. Direction of Government to a Local Board is to Carry Out the Purpose of the Local Act
2. Requisition of Land for Joint Venture Housing Project of Government and Private Entrepreneur Is for Public Purpose
3. Land Acquired after Due Notice for Construction of Houses is Valid
4. Framing of Scheme for Housing by Authority is Material and Approval May Follow for Acquisition of Land
5. Housing Board Can Issue Notice Under S.4 of L.A. Act 1894 Without Publishing a Final Scheme
6. Meaning of Public Purpose (Approach Road, Market Complex, Drainage Etc.)
7. Exercise of Discretionary Power by Public Authority
8. Interference with Administrative Function of Government

XXXV. Building Tax Relating to Municipal Acts :
1. Exemption of Tax of Building Used for Charitable Purpose
2. Question of Liability of Developer to Pay Tax on Completion of Building before Sale
3. Jurisdiction of Civil Court Barred on Dispute on Levy of Property Tax by Municipality
4. Water Charges Paid by Assesses on Invalidated Rules or on Consumption
5. Tax of Appurtenant Land on Annual Value
6. For Statutory Appeal Against Assessment Deposit of Tax Assessed is a Precondition
7. Licence Required for Use of Premises Dangerous to Life and Health and not for Nursing Home and Clinies as Per Municipal Law
8. Licence Fees of Hotels, Clubs Etc. Is to Monitor Activities of Licensees
9. Limitation Period for the Recovery of Arrears of Taxes
10. Cantonment Board Can Amend Assessment List From the Date of Addition to Building
11. Government Companies are Not Exempt from Property Tax Though Govt. Land and Building Are Exempted
12. Revisional Jurisdiction on Property Tax of District Collector is Restricted
13. Revision of Annual Rent
14. Claim of Refund of Taxes Already Paid
15. Scavenging, Water and Lighting Taxes
16. Assessment of Tax on Rent
17. Distress Warrant for Realising Rate, Interest, Penalty
18. Mutation Dispute
19. Mutation Entries
20. Assessment on Annual Value
21. Liability to Pay Municipal Taxes

XXXVI. Co-Operative Housing Society :
1. Status of Co-Operative Housing Society
2. Tenement in Co-Operative Housing Society and Ordinary Tenancy
3. Co-Operative Housing Society—Functioning
4. Amenities
5. Inspection of Records
6. Notification
7. Appointment of Administrator
8. Committee Members of Society—Rights and Liabilities
9. Induction of Members in Co-Operative Housing Society
10. Expulsion of Member
11. Construction of Co-Operative Building
12. Allotment of Flat/Plot in Co-Operative Housing Society
13. Cancellation of Allotment and Forfeiture
14. Dispute between Co-Operative Housing Society and Member
15. Dispute between Co-Operative Housing Society and Non-Member
16. Eviction from Co-Operative Housing Society Flat
17. Transfer of Co-Operative Housing Society Flat/Plot
18. Illegal Transfer of Part of a Plot of a Member
19. Nomination by Member
20. Requisition of Co-Operative Housing Society Flat
21. Co-Operative Housing Society-Winding Up
22. Co-Operative Courts/Tribunals
23. Jurisdiction of Civil Court in Co-Operative Disputes
24. Co-Operative Housing Society and Income-Tax

XXXVII. Urban Land (Ceiling and Regulation) Act 1976 :
1. Object of the Act
2. Definitions
3. Vacant Land
4. Agricultural and Non-Agricultural Land
5. Ceiling Limit
6. Khatal Land
7. Land of Co-Operative
8. Exemption
9. Transfer of Excess Vacant Land
10. Vested Excess Vacant Land
11. Allotment by Government of Excess Vacant Land
12. Land Exempted Under the Act Need no Order for Non-Agricultural Use
13. Death of Holder Does Not Entitle Individual Holding for Heirs
14. Government's Power to Rectify Erroneous Order on Excess Land
15. Declaration by Holder of Vacant Agricultural or Industrial Land
16. Joint Purchase by Several Persons
17. Cancellation of Exemption Order
18. Land Not Shown in Master Plan as Urban Land
19. Land Tribunal and Review Application
20. Jurisdiction of Civil Court on Decision of Government on Excess Land
21. Powers of Government to Prepare Lay-Out Plan

XXXVIII. Benami Transactions (Prohibition) Act 1988 :
1. Act Retrospective in Operation
2. Characteristics of Benami Transaction
3. Purchase by Money Supplied by Other Person
4. Reference Under Land Acquisition Act 1894 by Benamdar
5. Purchase Under Power of Attorney
6. Ownership of House Constructed on Land of Another Person
7. Possession in Benami Transaction

XXXIX. Laws on Ecology :
A. Some Important Legislation on Ecology :
1. Central Acts
2. Other Central Acts
3. State Legislations

B. The Environment (Protection) Act 1986 :
1. Scope
2. Environmental Pollutants
3. Handling Hazardous Substance
4. Scope of Writ Petition for Protection of Environment
5. Pollution by Industries
6. Writ Petition Against Pollution
7. Pollution by Mining Operations
8. Power of State Governments in Environmental Matters
9. Rejection of Application by Board
10. Coastal Regulation Zone (CRZ)
11. Land Reclamation
12. Shifting of Polluting Industries/Space Vacated by Polluting Industries
13. Use of Polluting, Injurious Substances by Public
14. Composition of Environmental Courts, Tribunal, Appellate Authority
15. Upgradation of Sewage Management System
16. Constitution of "Green Bench"
17. Health Hazards Caused by Glowing Sign Advertisements
18. Housing Construction Near Hazardous Industry
19. Failure of Municipality to Collect and Dispose Garbage and Waste

XL. The Air (Prevention and Control of Pollution) Act 1981 :
1. Scope
2. Police to Take Action Against Noise Pollution by Loudspeakers
3. People in India Consider Noise Pollution as a Part of Life
4. Board Giving Consent to an Industry Can Issue Directions to Mitigate Air Pollution
5. Leakage of Oleum and Highly Noxious Gas from Industry (Bhopal)
6. Prosecution of Defaulting Industry May Be Barred by Limitation
7. Provisions of Criminal Procedure Code Are Not Inconsistent with Pollution Acts
8. No Notice Necessary for Serious Offence
9. Pollution by Stone Crushing Industry
10. Smoke Emission from Motor Vehicle
11. Failure of Municipality and State to Control Air Pollution
12. Personal Hearing Include Local Inspection

XLI. The Water (Prevention and Control of Pollution) Act 1974 :
1. Scope
2. Discharge of Sewage, Trade Effluents Polluting Water
3. Board to Make Application to Magistrate for Causing Pollution
4. Powers of Magistrate on Complain by Board
5. Emergency Powers of Board
6. Jurisdiction/Powers of Civil Court on Water Pollution Cases
7. Liability of Offence
8. Function of Board-Conditions for According Consent
9. Person Competent to Lodge Complaint On Behalf of the Board

XLII. The Water (Prevention and Control of Pollution) Cess Act 1977 :
1. Assessment of Levy of Cess
2. Power to Legislate On Water Cess
3. Who Are Liable to Pay Cess?

XLIII. The Forest (Conservation) Act 1980 :
1. Object of Act 1980
2. State Government to Obtain Permission of Central Government for Dereservation, Non-Forest Use and Renewal of Lease
3. Mining Operations after Act 1980
4. Refusal of Permission by Central Government
5. Conditions for Granting or Renewal of Mining Lease After Act 1980
6. Grant of Mining Lease in Forest Land
7. Grant of Mining Operation in Non-Forest Land
8. Removal of Illegally Cut Timber from Government Forests
9. Lease of Forest Land Without Approval of Central Government
10. Construction Activities in Forest Area
11. Cutting of Woods and Collection of Forest Produce

XLIV. The Wild Life (Protection) Act 1972 :
1. Animal Articles, Trophies and Object of Act 1972
2. Offences by Poachers
3. Recovery of Animal Articles, Trophy
4. Protection of All Wild Life
5. Declaration of Sanctuary or Park
6. Rehabilitation of People Dispossessed From Forest, Reserve Land
7. Construction Activities in Wild Life Sanctuary Containing Mangrove Forests and Endangered Wild Life Species of Olive Ridley Sea Furtle
8. Immunisation of Live Stock in the National Park or Sanctuary

XLV. Public Interest Litigation :
1. Conditions, Subject-Matter, Locus Stand of Litigants, Objectives and Opposite Party
2. Not Maintainable—Not Bona Fide, Belated, Detrimental to Large Section who are not Responsible for Illegality
3. Maintainable-If Filed to Safeguard Health and Safety of Citizens
4. Not Maintainable-Against Housing Construction on Plot when User Changed to Residential From Reserved Open Space
5. Not Maintainable-Against Development of Facilities in City
6. Maintainable-When Residents Suffer for Negligence of Services by Municipality
7. Maintainable-When Filed by Small Entrepreneurs Against Illegal Allotment of Industrial Plot
8. Setting up Petrol Pump on Latest Technology Reducing Pollution by Quick Service
9. Allotment Made Without Following Any Legal Procedure
10. Conductor Driver of Buses Negligence About Duties Towards Woman and Children/Atrocities Against Woman
11. Seeking Direction for Stoppage of Train at a Particular Station
12. Huge Public Investments in Plantation Companies Not Holding
13. Plots or Diverting Deposits to Other Purposes

Part C : CONSUMER PROTECTION :
XLVI. The Consumer Protection Act 1986 :
1. Consumer Protection Act
2. Consumer Protection Act 1986 (Housing Activities)
3. Complaint
4. Pricing Policy
5. Consumer-Who is?
6. Consumer-Who is not?
7. Consumer Dispute
8. Allotment of Flat, House or Plot-When Deficiency in Service
9. Allotment of Flat, House or Plot-When Not Deficiency in Service
10. Delay in Construction-When Deficiency in Service
11. Delay in Construction-When Not Deficiency in Service
12. Defective Construction-When Deficiency in Service
13. Defective Construction-When Not Deficiency in Service
14. Delay in Delivery of Possession-When Deficiency in Service
15. Delay in Delivery of Possession—When Not Deficiency in Service
16. Enhancement of Price-When Deficiency in Service
17. Enhancement of Price-When Not Deficiency in Service
18. Claim of Interest-When Deficiency in Service
19. Claim of Interest-When Not Deficiency in Service
20. Co-Operative Housing Society
21. Miscellaneous Cases of Deficiency in Service
22. Miscellaneous Cases of Not Deficiency in Service
23. Service what is?
24. Service what is Not?
25. Unfair Trade Practice
26. Consumer Protection Act 1986 Not in Derogation of Any Other Law
27. Composition of District Forum
28. Procedure on Receipt of Complaint by District Forum
29. Order to Refund Price or Charge
30. Appeal Before State Commission and Before National Commission
31. Compensation for Non-Allotment
32. Compensation for Allotment of Alternative Flat, House or Plot
33. Allotment of Plot under Litigation-Compensation
34. Compensation for Delay in Construction
35. Compensation for Defective Construction
36. Compensation for Non-Construction
37. Compensation for Delay in Delivery of Possession
38. Interest as Compensation for Delayed Possession or Non-Allotment of Flat
39. Miscellaneous Cases for Compensation
40. Findings in District Forum
41. Jurisdiction and Manner of Complaint
42. Jurisdiction
43. Jurisdiction of Civil Court in Consumer Matter
44. Consumer Vis-A-Vis Arbitration Acts
45. Limitation Period
46. Execution
47. Model Form of Complaint

LXVII. Monopolies and Restrictive Trade Practices Act 1969 (Housing Activities) :
1. MRTP Act and Consumer Protection Act-Distinguished
2. Disputes on Housing Activities Adjudicated in MRTP Commission

Part D : PRECEDENTS :
LXVIII. Standard Schedules
LXIX. Precedents :
1. Agreement between Promoter and Purchaser of Flat/Unit Etc
2 Agreement between a Co-Operative Housing Society and a Lessee Member of Such Society
3. Agreement between Promoter and Lessee for Grant of Lease of Flat/Unit/Shop/Showroom Etc.
4. Agreement for Resale of Co-Operative Flat
5. Agreement for Resale of Flat
6. Agreement between Promoter and Co-Operative Housing Society
7. Agreement between Owner of Land and Promoter
8. General Power of Attorney
9. Agreement between Promoter and Existing Tenant of Premises
10. Letter of Allotment of Flat Issued by Promoter
11. Deed of Sale (Flat Etc.)
12. Conveyance of Garage in Multistoreyed Building
13. Deed of Lease
14. Deed of Covenants
15. Deed of Sale of Part of a House

List Of Appendix

1. The Gujarat Ownership Flats Act 1973
2. The Karnataka Apartment Ownership Act 1972
3. The Karnataka Ownership Flat (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1972
4. The Kerala Apartment Ownership Act 1983
5. The Madhya Pradesh Prakoshtha Swamitva Adhiniyam 1976
6. The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963
7. The Orissa Apartment Ownership Act 1982
8. The Punjab Apartment and Property Regulation Act 1995
9. The Punjab Apartment Ownership Act 1995
10. The Tamil Nadu Apartment Ownership Act 1994
11. The Uttar Pradesh Ownership of Flats Act 1975
12. The West Bengal Apartment Ownership Act 1972
13. The West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act 1993
14. The Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act 1987
15. The Delhi Apartment Ownership Act 1986

Book Reviews by Users
Book Reviews of Housing Laws in India Problems and Remedies : Covering; Flats and Apartments Promoters, Builders and Developers Co-Operative Housing Societies etc. Environment, Slum and Ecology Compensation and Consumer Forum
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