NGT, Environment Protection & Sustainability

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Environment Protection & Sustainability The issue of environment protection and sustainable development has time and again been raised at not only national level, but also international platforms. The negative outcomes of economic development, industrialization and urbanization on the environment has pressed upon the need for adoption of durable development. The Environment Protection Act, 1986 of … Read more

Jurisdiction of Indian Courts in entertaining civil cases having foreign element(s)

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The Jurisdiction of the civil courts in India is determined through the provisions of Code of Civil Procedure 1908. When it comes to suits or cases, issues pertaining to foreign elements arise comparatively in few cases, namely whether and when foreigners and foreign corporations can sue, or be sued in an Indian Court, and who … Read more

How to file Appeal before UP REAT against orders of UP RERA?

How to file appeal in UP Real Estate Appellate Tribunal (REAT)? An appeal is challenging of an order of a lower court/ authority. Under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) there are two levels of Appeals. The first appeal is filed before the Real Estate Appellate Tribunal (“REAT”). The second appeal … Read more

Development Authorities in Uttar Pradesh have no power to compound illegal constructions

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The Development Authorities in Uttar Pradesh have no power to compound illegal constructions. Compounding of offence meaning: Compounding of offence is a process whereby the person/entity committing default will file an application to the compounding authority accepting that it has committed an offence and so that same should be condoned. Making illegal and unauthorized constructions … Read more

Adherence to sanctioned plans and project specifications by the promoters under RERA: No change without the consent of the buyer

Adherence to sanctioned plans and project specifications by the promoters under RERA. Rights of the Buyers & Obligation of the Promoter. The RERA Act provides that a proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities. Also, if … Read more

The importance of veracity of Advertisement in Real Estate Projects.

Obligations of promoter regarding veracity of the advertisement or prospectus Where any person makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by … Read more

Objectives, Powers and Duties of The Apartment Owners Association

Download UP Apartment laws eManual Registration of an association of apartment owners is important for the uninterrupted maintenance of any housing society. It provides a platform to the apartment owners to raise their grievance regarding any issue in the society. Uttar Pradesh government has made it compulsory to register an Apartment Owners Association (hereinafter referred … Read more

Domestic Violence and Cruelty against Women during COVID-19 Lockdown

Image Courtesy: global.unitednations.entermediadb.net. What is the Domestic Violence (DV) Act ? This article is also explained through a video below. Domestic violence is a form of abuse or violence in a domestic setting or relationship committed by causing hurt, injury to life, limb, health, safety or mental and physical well-being or causing harm, injury, or … Read more

Epidemic Diseases Act, 1897; Powers of the Central & State Governments?

Due to the apparent dangers of the spread of Coronavirus, the Central Government and State Government in India are invoking various provisions of the Epidemic Diseases Act of 1897 to control the said virus which is officially termed named as COVID19. It has become imperative for the government to do so under the given circumstances … Read more

How to form an Association of Apartment Owners

The law i.e. the Uttar Pradesh Apartment (promotion of construction ownership and Maintenance) Act 2010 mandates that it shall be the joint responsibility of the builder/ promoter and the apartment owners to form the association, however, in practice the builders are most reluctant to form an association of apartment owners as same will take away the right to manage the common areas and facilities and money collected for that. Under such circumstances when the builder is not forming the association of apartment owners then the buyer can form the AOA on their own. The article has a youtube video presentation.