This category focuses on property and real estate regulation, including transactions, development controls, housing disputes, and legal risks in land and built assets, practice before RERA and REAT forums.
Articles in this section draw from my experience in real estate litigation and advisory work. I cover property documentation, title and possession disputes, development regulations, apartment governance, and practical remedies before courts and authorities.
This article provides a definitive clause-wise commentary on Section 3 of the UP Apartment Act 2010, explaining every statutory definition through practical illustrations and the Supreme Court’s ruling in Designarch. It clarifies the meaning of apartment, common areas, promoter obligations, and the Act’s mandatory character for group housing projects.
Section 2 of the Uttar Pradesh Apartment Act, 2010 sets the foundation for when the Act becomes mandatory. It applies automatically to any building or cluster with four or more apartments—whether on freehold or leasehold land—and safeguards ownership, common areas, and governance rights of apartment owners. This post explains the scope, exclusions such as malls and multiplexes, application to mixed-use and leasehold projects, and the judicial principles shaping its interpretation.
A clear and structured commentary on Section 1 of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. This post explains the short title, territorial extent, commencement by notification, key judicial interpretations, and the practical impact on promoters, apartment owners, and associations, along with concise FAQs for quick reference.
This article provides a structured introduction to the Uttar Pradesh Apartment Act, 2010, explaining how the law shapes ownership, common areas, association governance, promoter obligations, and the rights of apartment owners across major urban centres like Noida, Greater Noida, Ghaziabad, Lucknow, and other cities. It also traces key judicial developments and underscores why a dedicated apartment law is essential for modern high-rise living.
A concise guide to the UP Apartment Act 2010, the accompanying Rules, and the Model Bye-Laws that govern apartment ownership and association management in Uttar Pradesh. This post explains the legal framework, rights of owners, duties of promoters, and the governance structure of Apartment Owners’ Associations, helping residents and AOAs understand compliance, transparency, and effective community management.
Click here to Download the PDF File of the Uttar Pradesh (Promotion of Construction, Ownership and Maintenance) Act, 2010 [U.P. Act No. 16 of 2010] AN ACT to provide for the ownership of an individual apartment in a building of an undivided interest in the common areas and facilities appurtenant to such apartment and to … Read more
Introduction: The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 is one of the most progressive laws on apartment ownership which clearly demarcates the right, duties, and obligations of the Builder, Buyer and the Development Authorities w.r.t. to construction, ownership and maintenance of an apartment in a group housing and also the … Read more
Download PDF of this judgment. BENCH-1 THE UTTAR PRADESH REAL ESTATE APPELLATE TRIBUNAL, AT LUCKNOW. APPEAL NO. 585/2021 Aparajita Babbar………………………………………………………….. Appellant. Versus M/s Kindle Infraheights Pvt. Ltd…………………………………….. Respondent. Hon’ble Mr. Justice (Dr.) D. K. Arora, Chairman. Hon’ble Mr. Kamal Kant Jain, Technical Member. Covid-19 the interest shall not be calculated for the delay period from … Read more
Under the Real Estate (Regulation and Development) Act 2016 (“RERA Act 2016”) a complaint is filed under section 31 or 71 depending on the nature of the relief sought if there is a contravention of any of the provisions of the said Act. However, the powers of the Authority to adjudicate under section 31 is … Read more
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In the Uttar Pradesh Real Estate Appellate Tribunal Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Aadi Best Consortium Pvt. Ltd. … Appellant; Versus Gita Devi … Respondent. Appeal No. 81/2020 Decided on June 7, 2021 1. The present appeal has been filed by M/s Aadi Best Consortium Pvt. Ltd., Ghaziabad (the “Appellant/Promoter”) under section 44 of the Real Estate (Regulation and Development) Act, 2016 (the “Act”) aggrieved … Read more
In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Samar Vijay Singh … Appellant; Versus Vice Chairman, Lucknow Development Authority … Respondent. Appeal No. 143 of 2019 Decided on June 9, 2021 1. This appeal has been preferred by Sri. Samar Vijay Singh (hereinafter referred to as ‘the appellant’) aggrieved against the order of the … Read more