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.
In-depth commentary on Section 2 of the UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. Covers scope, cooperatives as promoters, mixed-use and office projects, exclusions for malls and multiplexes, FAR and common areas, and key Supreme Court cases.
A Commentary on Section 1 of UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 with frequently asked questions. Bare Text of Section 1 Section -1: Short title, extent and Commencement: (1) This Act may be called the Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010.(2) It extends to the whole … Read more
Download UP Apartment Act 2010 Law Manual Introduction Uttar Pradesh’s shift to apartment living has been driven by the rise of planned urban nodes such as Noida and Greater Noida, conceived under the Uttar Pradesh Industrial Area Development Act, 1976 and administered by industrial development authorities that zoned large tracts for medium- and high-density group … Read more
Download compilatio of the UP Apartment Act 2010, Rules 2011 and Model Bye-Laws 2011. Introduction Apartment living in urban Uttar Pradesh is governed by a structured legal regime aimed at promoting transparency, accountability, and self-governance among apartment owners. This framework comprises three critical documents: These documents collectively determine the rights of apartment owners, obligations of … Read more
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