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Housing Laws in India Problems and Remedies

Housing Laws in India Problems and Remedies

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Description
The 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 studied
In 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 covered
Besides the Apartment laws and the Building
legislations, 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 consumer
The 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.
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Contents
Part 1 – Apartment Laws

1.    Housing – A Vexed Question
2.    Introduction
3.    Promoter Regulatory Acts
4.    Duties and Obligations
5.    Income-tax on Flat-owner, Developer and Promoter
6.    Apartment Ownership Acts
Part 2 – Housing Laws
7.    Building Legislation
8.    Development and Building Agreement
9.    Specific Performance
10.  Illegal Construction
11.  Defective Construction
12.  Non-Construction
13.  Demolition and Reconstruction
14.  Incidence on Land
15.  Encroachment and Reinstatement
16.  Possession and Title
17.  Easement Rights
18.  Pre-emption
19.  Auction Sale and Purchase
20.  Change of User
21.  Eviction
22.  Slum Area
23.  Nuisance
24.  Illegal Allotment
25.  Cancellation of Allotment
26.  Non-Allotment
27.  Allotment of Industrial Plot
28.  Alternative Allotment
29.  Special Allotment
30.  Alienation and Allotment
31.  Deposit and Allotment
32.  Delivery of Possession
33.  Enhancement of Price
34.  Housing and Government
35.  Building Tax relating to Municipal Acts
36.  Co-operative Housing Society
37.  Urban Land (Ceiling and Regulation) Act 1976
38.  Benami Transactions (Prohibition) Act 1988
39.  Laws on Ecology
40.  The Air (Prevention and Control of Pollution) Act 1981
41.  The Water (Prevention and Control of Pollution) Act 1974
42.  The Water (Prevention and Control of Pollution) Cess Act 1977
43.  The Forest (Conservation) Act 1980
44.  The Wild Life (Protection) Act 1972
45.  Public Interest Litigation
Part 3 – Consumer Protection
46.  The Consumer Protection Act 1986
47.  Monopolies and Restrictive Trade Practices Act 1969 (Housing Activities)
Part 4 – Precedents
48.  Standard Schedules
49.  Precedents
Appendices
1.    The Gujarat Ownership Flats Act 1973
2.    The Karnataka Apartment Ownership Act 1972
3.    The Karnataka Ownership Flat (Regulation of the Promotion of Construction,
       Sale, Management and Transfer) Act 1972
4.    The Kerala Apartment Ownership Act 1983
5.    The Madhya Pradesh Prakoshtha Swamitva Adhiniyam 1976
6.    The Maharashtra Ownership Flats (Regulation of the Promotion of Construction,
       Sale, Management and Transfer) Act 1963
7.    The Orissa Apartment Ownership Act 1982
8.    The Punjab Apartment and Property Regulation Act 1995
9.    The Punjab Apartment Ownership Act 1995
10.  The Tamil Nadu Apartment Ownership Act 1994
11.  The Uttar Pradesh Ownership of Flats Act 1975
12.  The West Bengal Apartment Ownership Act 1972
13.  The West Bengal Building (Regulation of Promotion of Construction and Transfer
       by Promoters) Act 1993
14.  The Andhra Pradesh Apartments (Promotion of Construction and Ownership)
       Act 1987
15.  The Delhi Apartment Ownership Act 1986
Index
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Author Details
P.K. Sarkar,
BSc, LLB, Advocate
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