Description

The fact that the first edition-2014 of the “Commentaries on The U.P. Apartment Act, 2010” has been sold out, like hot cakes, in a short span, is conclusive proof of its authoritativeness and usefulness. It is further gratifying to note that the recent judgments of the High Court of Judicature at Allahabad on this Act are based upon the footing of comments on the statutory provisions contained in the said treatise. The commentaries assume significance in so far as the same are important to unlock the dormant legislative intention in the law-makers’ mind at the time of piloting The U.P. Apartment Bill, 2010. The sheet anchor of this Statute is the creation of the holy and conducive ambience for the apartment owners and residents in a condominium, and 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 make such apartment and interest heritable and transferable, and for matters connected therewith, or incidental, or ancillary thereto. The purport and objective of this piece of legislation is prima facie, pari materia, with the aims and objective of the statutory provisions, embodied in the Maharashtra Ownership of Flats Act, 1963 (MOFA) and The U.P. Ownership of Flats Act, 1975 (now repealed by Section 34 of Act No. 16 of 2010). The author has not only thoroughly revised the commentaries but has added legal comments, rather has improved on certain burning and debatable legal issues, wherever, necessary, in it.