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............................................................................................................................DescriptionThe right to shelter emanates as a fundamental right from the right to residence and to life assured in Arts. 19(1)(e) and 21 of the Constitution and this work, relying upon the relevant judicial pronouncements, discusses the numerous housing laws (excepting the Rent Acts) as made by the different States of the country, and focuses on the inevitable thread of unity running through them all.Different legislations studiedIn the background of the population explosion and ours being a welfare State the challenging task of providing shelter to the people has been taken up by several Government and semi-Government projects, Housing Co-operatives and corporate sectors in different States across the country keeping due regard to the local features and requirements coupled with the mushroom growth of private promoters and builders. The author in the present work makes an in-depth study of the several statutes and subordinate legislations on the subject and also the rights and limitations of the promoters, developers and builders in their functioning as such.Extensive field coveredBesides the Apartment laws and the Buildinglegislations, the author has dealt with agreements relating to development and raising of buildings, specific performance of contract, illegal and defective construction, incidence on land, encroachment, reinstatement, possession and title, easementary rights, pre-emption, auction sale, change of user, eviction, slum clearance, nuisance, allotments by State agencies and allied problems, delivery of possession, municipal and building taxes, urban ceiling disputes, environmental disturbances, air and water pollution, housing activities in forest area, the problems that come up on the way and their remedies in details dividing the topics in as many as 49 Chapters for the convenience of the readers.Protection of consumerThe author has also included in his study the Consumer Protection Act 1986 and the MRTP Act 1969 under the salient provisions of which majority of housing disputes are now being dealt with, and has placed up-to-date decisions of the Supreme Court and of the different High Courts wherever necessary. The extensive coverage of the book makes it unique for practical use by Judges, lawyers, corporate bodies, private promoters and builders besides laypersons interested in related matters.............................................................................................................................ContentsPart 1 – Apartment Laws1. Housing – A Vexed Question2. Introduction3. Promoter Regulatory Acts4. Duties and Obligations5. Income-tax on Flat-owner, Developer and Promoter6. Apartment Ownership ActsPart 2 – Housing Laws7. Building Legislation8. Development and Building Agreement9. Specific Performance10. Illegal Construction11. Defective Construction12. Non-Construction13. Demolition and Reconstruction14. Incidence on Land15. Encroachment and Reinstatement16. Possession and Title17. Easement Rights18. Pre-emption19. Auction Sale and Purchase20. Change of User21. Eviction22. Slum Area23. Nuisance24. Illegal Allotment25. Cancellation of Allotment26. Non-Allotment27. Allotment of Industrial Plot28. Alternative Allotment29. Special Allotment30. Alienation and Allotment31. Deposit and Allotment32. Delivery of Possession33. Enhancement of Price34. Housing and Government35. Building Tax relating to Municipal Acts36. Co-operative Housing Society37. Urban Land (Ceiling and Regulation) Act 197638. Benami Transactions (Prohibition) Act 198839. Laws on Ecology40. The Air (Prevention and Control of Pollution) Act 198141. The Water (Prevention and Control of Pollution) Act 197442. The Water (Prevention and Control of Pollution) Cess Act 197743. The Forest (Conservation) Act 198044. The Wild Life (Protection) Act 197245. Public Interest LitigationPart 3 – Consumer Protection46. The Consumer Protection Act 198647. Monopolies and Restrictive Trade Practices Act 1969 (Housing Activities)Part 4 – Precedents48. Standard Schedules49. PrecedentsAppendices1. The Gujarat Ownership Flats Act 19732. The Karnataka Apartment Ownership Act 19723. The Karnataka Ownership Flat (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 19724. The Kerala Apartment Ownership Act 19835. The Madhya Pradesh Prakoshtha Swamitva Adhiniyam 19766. The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 19637. The Orissa Apartment Ownership Act 19828. The Punjab Apartment and Property Regulation Act 19959. The Punjab Apartment Ownership Act 199510. The Tamil Nadu Apartment Ownership Act 199411. The Uttar Pradesh Ownership of Flats Act 197512. The West Bengal Apartment Ownership Act 197213. The West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act 199314. The Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act 198715. The Delhi Apartment Ownership Act 1986Index............................................................................................................................Author DetailsP.K. Sarkar, BSc, LLB, Advocate............................................................................................................................
