- (1.) Windsor Park Residents Welfare Association, Indirapuram in District Ghaziabad has filed this petition for a direction upon the Ghaziabad Development Authority (the Development Authority) to ensure that a correct deed of declaration in the format prescribed under the provisions of the U.P. Apartment (Promotion of Constructions, Ownership and Maintenance) Act, 2010 (the Act) and the U.P. Apartment (Promotion of Constructions, Ownership and Maintenance) Rules, 2011 (the Rules) is filed by M/s. Assotech Reality Private Limited, which has been impleaded as respondent No. 3, in regard to Plot No. 5, Vaibhav Khand, Indirapuram. The second relief that has been sought is that the Development Authority should restrain respondent No. 3 from disposing of the common areas pursuant to the public notice dated 29 March 2015 and to make good all the losses caused to the petitioner Association because of the delay in handing over common areas and facilities. It is stated that the Vice-Chairman of the Development Authority passed an order on 7 June 2012 directing respondent No. 3 to file a deed of declaration and hand over the common areas and facilities to the petitioner-Association by 30 June 2012, but as the direction was not complied with, another order dated 3 September 2013 was passed directing respondent No. 3 to file a deed of declaration.
(2.) In the meantime, a Division Bench of this Court by its common judgment dated 14 November 2013 disposed of Civil Misc. Writ Petition No. 33826 of 2012, M/s. Designarch Infrastructure Put. Ltd. and another v. Vice-Chairman, Ghaziabad Development Authority and others, 2013 9 ADJ 594 , Abhinav Jain v. State of U.P. and others; Civil Misc. Writ Petition No. 15782 of 2010, Sun Tower Residents Welfare Association v. Ghaziabad Development Authority and others; and Civil Misc. Writ Petition No. 12110 of 2013, Olive County Apartment Owners' Association v. State of U.P. and others, that had been filed in connection with the Act and the Rules framed there-under with certain directions.
(3.) The Vice-Chairman of the Development Authority, therefore, again directed respondent No. 3 to file a deed of declaration. According to the petitioner-Association, incomplete and defective deed of declaration was filed on 12 June 2014 and as soon as the petitioner-Association came to know about the filing of the aforesaid deed, it filed written objections before the Vice-Chairman of the Development Authority in which it was also pointed out that the declaration was not in conformity with the judgment dated 14 November 2013 passed by the Division Bench in the writ petitions referred to above.;