Land Law – List of Sections

Section No. Content

UNIT – 1 & 2 THEORIES OF LAND LAW
Two types of property
Corporeal(Movable,Immovable,Real and Personal) and Incorporeal (Re Propria and Re
Aliena)
Natural Law Theory-: Grotius, Pufendorf, Locke, and Blackstone support the Natural
Law Theory, stating that property comes from natural reasoning. Grotius believes
anyone who captures or occupies something becomes its owner. Locke says everyone
has a right to their life, liberty, and property. Pufendorf thinks everything initially
belonged to everyone.
Critics like Sir Henry Maine and Bentham disagree, saying ownership doesn't just come
from possession. They argue that property is a legal creation and can't exist without the
law.

Labour theory or positive theory-: Labour theory or positive theory refers to the fact that
a property comes into existence when it is brought to or produced into such existence.
The criticism of this theory is that labour is a means of bringing into existence, Not the
origination of such property.

Meta Physical Theory-: I am connected to my property in such a manner that if anyone

uses it without my consent, It injures me;I can direct my will over the property.

Historical Theory-: Private property has evolved from being part of joint family estate
to single unit.

Psychological Theory-: Bentham is the proponent of this theory, asserting that property
arises from the acquisitive instinct in humans. According to him, everyone wants to own
things, giving rise to the concept of property. Bentham views property as a mental
concept, merely an expectation of deriving benefits from an object based on one's
capacity. Roscoe Pound agrees with Bentham, emphasizing that the fundamental basis
of property is the individual's acquisitive instinct, driving them to claim control and
possession of objects.

Sociological Theory-: The sociological theory, advocated by Duiguit, Laski, and Karl
Marx, suggests that property should be viewed not just in terms of private rights but
also in terms of its social functions. Property, according to this theory, is an institution
designed to maximize interests and fulfill various needs within society. Laski contends
that property is a social fact subject to change, with diverse manifestations and the
potential for further evolution. Jenks adds that individuals should no longer have
unrestricted rights to use, neglect, or misuse their property; instead, property rights
should align with principles of equity and reason. In essence, this theory emphasizes
that the concept of property goes beyond individual rights and should be seen as a social
institution that serves the maximum interests of society. Property exists within society
and must be used in a manner that considers the broader social context.

UNIT – 4 – SOCIAL IMPACT ASSESMENT

4(RTFC) Social Impact Assessment-: If a land is to be acquired for public purpose; Municipality,
municipal corporation, or panchayat to be consulted. Notification about such should be
provided to the stated three above and in the offices of District Collector, SDM and
Tehsil in local language.;6 months to complete SIA.; (SIA to include Objective of the
land aquired, Livelihood affected, Land displacement, alternate land availableness.);
Social Impact management plan(ameliorate measures)
5(RTFC) Public Hearing-: Appropriate Government shall ensure that a public hearing is held at
the affected area, after giving adequate publicity about the date, time and venue for the
public hearing, to ascertain the views of the affected families to be recorded and
included in the Social Impact Assessment Report.
6(RTFC) Plan for Social Impact Assesment and Social Impact Management is to be made
available in the local language to the Panchayat, Municipality or Municipal Corporation
 and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil,
and shall be published in the affected areas, in such manner as may be prescribed, and
uploaded on the website of the appropriate Government. Wherever Environment impact
assessment is to be conducted, The appropriate. Impact Assesment Report is to be made
available.
7(RTFC) Appraisal of plan by a multi disciplinary expert group -:
1. 2 Non official social scientists.
2. 2 representatives from Gram Panchayat, Municipality or municipal
corporation.
3. 2 experts on rehabilitation.
4. Technical expert.
Chairperson to be selected from this pool of members.
If the members of this panel believe that the purpose of acquisition is legitimate or
potential benefits balance out the social costs, the plan is approved whereas if the panel
believes that the potential benefit of the plan is nothing compared to the social costs or
the purpose for such plan is not valid then it will reject the said plan. This will be done
within 2 months of initiating the proceedings.

The recommendations of the Expert Group shall be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be,
and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil,
and shall be published in the affected areas, in such manner as may be prescribed and
uploaded on the website of the appropriate Government.
8(RTFC) The appropriate Government shall ensure that—
(a) there is a legitimate and bona fide public purpose for the proposed acquisition
which necessitates the acquisition of the land identified;
(b) the potential benefits and the public purpose referred to in clause (a) shall
outweigh the social costs and adverse social impact as determined by the Social
Impact Assessment that has been carried out;
(c) only the minimum area of land required for the project is proposed to be
acquired;
(d) there is no unutilized land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilized, is used for such public
purpose and make recommendations in respect thereof.

Reports from the previous expert group is also analuysed in the process.

The decision of the appropriate Government shall be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be,
and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil,
and shall be published in the affected areas, in such manner as may be prescribed, and
uploaded on the website of the appropriate Government.
9(RTFC) Exemption from Social Impact Assessment.–Where land is proposed to be
acquired invoking the urgency provisions under section 40, the appropriate
Government may exempt undertaking of the Social Impact Assessment study.
Tata Singur Case Singur had 997 acres of land which was acquired by Tata under the colonial land
Study acquisition act. However, The land was acquired only for public purpouses under the
previous provisi0on howver, It was used for Private Provisions.Ultimately. Tata
vacated the plant.
Posco Case Study In 2005, when Posco, the world’s fourth-largest steelmaker, signed a memorandum of
understanding with the Odisha government to set up a 12-million-tonne-capacity steel
project in Jagatsinghpur district, it attracted global media attention for being the biggest
foreign direct investment in India, at that point of time, at $12 billion (Rs 52,000
crores). It was heralded as the project that would set Odisha – at the bottom of several
development indices – on a high-growth trajectory and make India a steel superpower.
The [state-owned] Industrial Infrastructure Development Corporation had acquired
2,700 acres of land for the proposed Posco project,” Mishra said. “The state
government in a letter had asked Posco to clear dues of Rs 82 crore towards cess. In
 its reply, the company has said it is not interested in taking possession of the rest of
the acquired land and paying the remaining amount. It has requested the government
to take back the acquired land handed over to it
PMC Vs. In the Pune Municipal Corporation vs Harakchand Misirimal Solanki case
Harakchand 2014, a three-judge bench held that acquisition proceedings initiated under the 1894
Act, which were initiated five years before the 2013 law was enacted (in 2014), would
lapse if the land in question was not taken control of or if compensation was not paid to
displaced farmers.s

UNIT – 5 – NOTIFICATION & ACQUISITION

11(RTFC) Notification-:
1. Official Gazzette
2. Two newspapers(one of regional language)
3. GP,M,MC and DC,SDM and Tehsil in local language
4. Website
the concerned Gram Sabha or Sabhas at the village level, municipalities in case of
municipal areas and the Autonomous Councils in case of the areas referred to in the
Sixth Schedule to the Constitution, shall be informed of the contents of the
notification issued under the said sub-section in all cases of land acquisition at a
meeting called especially for this purpose.No person shall make any transaction or
cause any transaction of land
12(RTFC) For the purposes of enabling the appropriate Government to determine the extent of
land to be acquired, it shall be lawful for any officer.
1. To dig or bore into the sub-soil;
2. To do all other acts necessary to ascertain whether the land is adapted for such
purpose;
3. To set out the boundaries of the land proposed to be taken and the intended line
of the work (if any) proposed to be made thereon; and
4. To mark such levels, boundaries and line by placing marks and cutting trenches
and where otherwise the survey cannot be completed and the levels taken and
the boundaries and line marked, to cut down and clear away any part of any
standing crop, fence or jungle:
13(RTFC) The officer so authorized under section 12 shall at the time of entry under section 12
pay or tender payment for any damage caused, and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the
decision of the Collector or other chief revenue officer of the district, and such
decision shall be final
14(RTFC) Lapse of Social Impact Assessment report.–Where a preliminary notification under
section 11 is not issued within twelve months from the date of appraisal of the Social
Impact Assessment report submitted by the Expert Group under section 7, then, such
report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be
required to be undertaken prior to acquisition proceedings
15(RTFC) OBJECTIONS TO-:
a) Area
b) Justification
c) SIA
shall be made to the Collector in writing, and the Collector shall give the objector an
opportunity of being heard in person or by any person authorised by him in this
behalf or by an Advocate and shall, after hearing all such objections and after making
such further inquiry, if any, as he thinks necessary, either make a report in respect
of the land which has been notified under sub-section (1) of section 11, or make
different reports in respect of different parcels of such land, to the appropriate
Government, containing his recommendations on the objections, together with the
record of the proceedings held by him along with a separate report giving therein the
approximate cost of land acquisition, particulars as to the number of affected families
likely to be resettled, for the decision of that Government.
16(RTFC) Rehabilitation and Resettlement Scheme
Administrator of Rehabilitation and Resettlement shall evaluate all social costs
including(Livelihoods lost, Government buildings affected, Land affected,etc.).;
Prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall
include particulars of the rehabilitation and resettlement entitlements of each land
owner and landless whose livelihoods are primarily dependent.; Include timeframe of
the plan, The government buildings and public amenities needed for the same.;
Public hearing in this area.
17(RTFC) The Collector shall review the draft Scheme submitted under sub-section (6) of
section 16 by the Administrator with the Rehabilitation and Resettlement Committee
at the project level constituted under section 45.
18(RTFC) The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme
to be made available in the local language to the Panchayat, Municipality or
Municipal Corporation and the offices of the District Collector, the Sub-Divisional
Magistrate, and the Tehsil, and shall be published in the affected areas, in such
manner as may be prescribed, and uploaded on the website of the appropriate
Government.
19(RTFC) Publication and Declaration of such land used for rehabilitation.
20(RTFC) Land to be marked out, measured and planned to include marking of specific areas. –
The Collector shall thereupon cause the land, unless it has been already marked out
under section 12, to be marked out and measured, and if no plan has been made
thereof, a plan to be made of the same.
21(RTFC) Notice issued.
22(RTFC) The Collector has the power to ask a person to provide specific information about a
piece of land. This request should specify the time and place for providing this
information, with a minimum notice period of thirty days from the date of the
request.; The person receiving the request must provide a statement that includes the
following information to the best of their ability:
 Names of all individuals who have an interest in the land, such as co-
owners, sub-owners, mortgagees, tenants, or others.
 The nature of each person's interest in the land (e.g., owner, mortgage
holder, tenant).
 Details of any rents or profits received or expected to be received from the
land for the three years before the date of the statement.
23(RTFC) On the day specified for the inquiry or any adjourned date, the Collector begins the
process of examining objections raised by individuals who have interests in the land,
as stated in the notice issued under section 21. The Collector also considers the
measurements conducted under section 20 and evaluates the value of the land as of
the date when the notification about land acquisition was published.
Based on the inquiry and evaluations, the Collector issues an award that includes the
following information:
 (a) The accurate measurement of the land in question.
 (b) The compensation amount, as determined under section 27, along with
the Rehabilitation and Resettlement Award, as determined under section 31.
This compensation represents what the Collector believes should be paid to
the landowners.
 (c) The distribution of this compensation among all the individuals who
have a stake or interest in the land. This distribution is determined by the
Collector, considering all individuals who are known to have interests in the
land or for whom the Collector has relevant information, even if they did
not appear during the inquiry.
25 (RTFC) The Collector shall make an award within a period of twelve months from the date of
publication of the declaration under section 19 and if no award is made within that
period, the entire proceedings for the acquisition of the land shall lapse:
 Provided that the appropriate Government shall have the power to extend the period
of twelve months if in its opinion, circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in
writing and the same shall be notified and be uploaded on the website of the
authority concerned.
26 (RTFC) The Collector must use one of the following criteria to assess and determine the
market value of the land, and they should choose the highest value among these
options:
(a) Market Value Specified in Stamp Act: The market value specified in the Indian
Stamp Act of 1899, which is used for the registration of sale deeds or agreements to
sell in the area where the land is located.
(b) Average Sale Price in Nearest Area: The average sale price of similar types of
land in the nearest village or the closest vicinity to the land being acquired.
(c) Consented Compensation for Private Companies or PPP Projects: The
agreed-upon compensation amount under sub-section (2) of section 2, specifically in
cases of land acquisition for private companies or public-private partnership (PPP)
projects.
UNIT – 6 – REHABILITATION AND RESETTLEMENT AWARD
Section 31 The Collector shall pass Rehabilitation and Resettlement Awards for each affected
family in terms of the entitlements provided in the Second Schedule.
Section 32 Infrastructural facilities to be ensured for the displaced.
Section 33 The Collector has the authority to correct clerical or arithmetic errors in awards
within six months from the award date or before making a reference to the Authority
under Section 64, whichever is earlier. This correction can be initiated by the
Collector or on the application of any concerned party or local authority. However,
corrections that may negatively impact someone must only be made after providing
them with a fair opportunity to represent their case. The Collector must promptly
notify all involved parties of any corrections. If it is found that someone was
overpaid due to the correction, the excess amount must be refunded. In case of non-
payment, the appropriate Government can take necessary steps for recovery.
Section 34 Adjournment of enquiry
Section 35 Power to summon and enforce attendance of witnesses and production of
documents
Section 36 Power to call for records, etc
Section 37 Award given by collector to be final.; Give immediate notice of the awards.; The
Collector shall keep open to the public and display a summary of the entire
proceedings undertaken in a case of acquisition of land
Section 38 The Collector shall take possession of land after ensuring that full payment of
compensation as well as rehabilitation and resettlement entitlements are paid or
tendered to the entitled persons within a period of three months for the
compensation and a period of six months for the monetary part of rehabilitation
and resettlement entitlements
UNIT – 7 – APORTIONMENT OF LAND
75 Apportionment when agreed will require to be worded in the award.
76 If there is dispute related to compensation paid, Collector shall refer the matter to the
appropriate authority.
UNIT – 8 – TEMPORARY OCCUPATION OF LAND
81 Appropriate government can ask the collector to procure waste/array land for a
period of three years.; Collector shall write notice and pay compensation for such
land.; Dispute between collector and person = Authority to adjudicate.(Section 83)
82 Take possession post compensation and notice.; Collector shall make or tender to the
persons interested compensation for the damage (if any) done to the land.;
Permanently acquire land in case it is damaged badly
UNIT – 10 – MLRC
42(MLRC) No land used for agriculture shall be used for any non-agricultural purpose; and no
land assessed for one non-agricultural purpose shall be used for any other non-
agricultural purpose or for the same non-agricultural purpose but in relaxation of any
of the conditions imposed at the time of the grant or permission for non-agricultural
purpose, except with the permission of the Collector.
44(MLRC) In scenarios where
1. Agricultural land is to be used for non agricultural purposes.
2. Non agricultural purpose land to be used for another non-agricultural
purpose.
3. Non agricultural land to be used for the same purpose but used without
certain restrictions.
All need to apply to the collector.; Collector to rule upon it within 7 days.; Collector
can reject it on the grounds that the application was without consent of the
owner/tenant or w/o accordance to form.; either grant the permission on such terms
and conditions as he may specify subject to any rules made in this behalf by the State
Government; or refuse the permission applied for.
If there is no ruling within 90 days or 15 days post any change in application, It is
deemed to be granted
Tye land owner will inform the tehsildar of such decree within 30 days of ruling,500
Rupee fine if not done.
45(MLRC) Penalty for Non Compliance-: to pay non-agricultural assessment on the land
leviable with reference to the altered use and any fine imposed by collector and to
restore the land to its original use.; fine of 300 for not following collectors directive.
47 The State Government has the authority to exempt specific lands or categories of
lands from the application of certain sections of this Code if it deems it necessary in
the public interest for achieving the objectives of this Code. Additionally, the
Collector has the discretion to regularize non-agricultural use of land, with terms and
conditions set by him. These terms are subject to rules established by the State
Government in this regard.
UNIT – 11 – UNAUTHORIZED USE OF LAND
Section 59 Summary eviction by collector any person unauthorisedly occupying, or
wrongfully in possession of any land to the use or occupation.
UNIT – 12 – MINES AND MINERALS
Section 48 All mines and minerals will be entitled to government.; The right to all mines and
quarries includes the right of access to land for the purpose of mining and quarrying
and right to occupy such other land.; Powers and access of these mines will be
transferred to the person who is assigned the mines.; Compensation to be paid by the
assigned to anyone whose livelihood is affected.; No authorization over land unless
compensation is paid.; The compensation can be collected directly by collector if not
paid.; If illegal occupation, pay penalty of an amount to five times the market value
of the minerals so extracted, removed, collected, replaced, picked up or disposed of,;
machinery seized from such occupation to be presented before the collector within 48
hours and penalty of the amount of market value of such machinery.
UNIT – 13 - Removal & Regularization of Encroachments
Section 50 If the land they are using has been officially surveyed and assessed for taxes, the
person who occupied it illegally has to pay the full tax for that land for the entire time
they've been using it without permission. If the land hasn't been assessed for taxes,
they have to pay an amount of tax that would be charged for a similar piece of land in
the same area for the same period and purpose. On top of the tax, they also have to
pay a fine. If the land is used for farming, the fine will be at least five rupees but not
more than one thousand rupees. If it's used for something other than farming, the fine
can go up to two thousand rupees. If someone is caught selling things (like goods or
products) without permission, they can be fined up to fifty rupees, as decided by the
 Collector (an official in charge of this matter).
51(MLRC) The encroacher can own the land officially by agreeing to pay an amount within 5
times the land value. They also agree to pay an assessment, which is a yearly land
tax, not exceeding five times the regular annual land tax.
UNIT 14 - LAND REVENUE AND CHARGE OF LAND
72(MLRC) If the landholder still doesn't pay the overdue land revenue, the government can take
away the land, along with everything on it (like trees, crops, buildings, etc.). This land
can then be sold to recover the unpaid revenue, or the government can dispose of it
following specific rules. Once this happens, all rights, claims, or debts related to the
land held by anyone except the government are cancelled. If the land is forfeited, the
government can temporarily lease it back to the previous landholder or someone else,
but this lease can only be for one year at a time. However, the total land they hold
cannot exceed a certain limit set by the law. If, within three years of losing the land,
the former landholder or superior holder (if there is one) wants it back, they can apply
to the Collector. To get the land back, they must pay the overdue land revenue and a
penalty three times the regular assessment. If the former landholder or superior holder
doesn't reclaim the land within the specified three-year period, the Collector can sell
or dispose of it as explained in the first point.
UNIT 15 – 7/12 EXTRACT
7/12 extract is an important document needed for various financial and legal
transactions pertaining to the land, such as buying or selling, taking a loan and
transferring ownership. It is also called Saatbara Utara in Maharashtra.
7/12 extract is a combination of two forms – Form No 7 (VII) and Form No 12 (XII).
Form 7 gives the names of owners and occupants, their rights, and details about the
plot and the crop. Form 12 provides details about the agricultural aspects of land such
as the type of crops produced on the land, the cultivable land area and the
uncultivable position.
The 7/12 extract is maintained by the revenue department of Maharashtra and Gujarat.
The 7/12 Document is prepared by the Talathi and signed by the Tahasildar.
Section 148 5 things included in this record of rights-:
1.Names of all owners,assignees,transferees,holder of the said land.
2.Government lessees or Tenants in General
3.Their interest in the land
4.Rent or any other income due on the land
5.Any other particular required by the state government
Section 149 1) and 2) must report - orally or in writing his acquisition of such right within three
months to the Talathi, who must give a written acknowledgment thereof to that
person. This obligation is imposed irrespective of whether such a person has acquired
the right by succession, survivorship, inheritance, partition, purchase, mortgage, gift,
lease or otherwise.
Section 150 Talathi enters this record in register of mutations, He puts a copy of such record in the
chavdi aka a place for transacting village businesses.He will send a notice to the
interested parties in the land whch is mutated and if any objections arise, He/she shall
have a time frame of solving this disputed from the moment it is registered in the
Record of disputes.
Section 151 & A Revenue Officer or a Talathi working on updating the Record of Rights can ask
152 anyone whose information is needed for the Record to provide the necessary details or
documents. This person must comply within one month of the request. If they fail to
do so, the Collector can decide to impose a fine, which should not exceed Rs. 5. This
fine will be treated as an overdue land revenue payment.
Section 157 All enries in records of rights is presumed to be true unless proven otherwise.
Section 158 Lastly, no suit can be filed against the State Government or any officer of the State
Government in respect of a claim, to have an entry made in any record or register
 maintained as above or to have any such entry omitted or amended.
UNIT 16 – NISTAR PATRAK
161 (MLRC) The Collector, who is a government official, is responsible for creating a document
called "Nistar Patrak." This document outlines a plan for managing all the land in a
village that is not currently being used (unoccupied land). The plan covers various
details, especially those mentioned in section 162 of the law. The Collector prepares a
draft of this management plan and shares it with the people in the village. The
opinions and preferences of the village residents are important, so the Collector seeks
their input. The exact way of getting this input is decided by the Collector. If the
village has a local governing body called a village panchayat, or if there is no village
panchayat, but at least one-fourth of the adult residents in the village request it, the
Collector can make changes to the management plan. This could involve modifying or
updating entries in the plan. The Collector will conduct an inquiry or investigation as
needed before making any modifications.
UNIT – 18,19,20 - MHADA
75 The Board shall exercise its powers and perform its duties and functions under this
Chapter, subject to the superintendence, direction and control of the Authority.
76 (a) Structural Repairs: The board is responsible for carrying out necessary repairs to
buildings, prioritizing them based on urgency and available resources. Importantly,
they do these repairs without charging the building owners or occupants for the
expenses.
(b) Temporary Accommodation: When repairs are being done to a building or if a
building collapses, the board must provide temporary or alternative accommodation
for the people who were living in those buildings.
(c) Regular Maintenance: The board is also responsible for performing routine
maintenance on all the properties under its control.
(d) Acquisition and Reconstruction: The board can request the government to
acquire old and severely damaged buildings that cannot be repaired. They can then
either rebuild new structures on these properties or have new buildings constructed
for the people who were living in them.
(e) Reconstruction of Previously Repaired Buildings: In cases where buildings
were repaired by the board in the past but now require more repairs that are not cost-
effective, the board can request the government to acquire these properties and rebuild
new structures for the occupants.
(f) Transit Camps: The board can build or have approved agencies build transit
camps to provide temporary housing for people affected by house collapses, fires,
heavy rains, or storms within the board's area.
(g) Demolition of Dangerous Buildings: The board can take action to demolish
buildings or parts of buildings that are unsafe and cannot be repaired without
excessive costs, with the aim of protecting human lives.
(h) Other Actions: The board can, with the approval of the governing authority, take
any other necessary actions to fulfill its responsibilities and functions as outlined in
the law.
77 (a) Entry and Inspection: The Board can authorize individuals, either generally or
for specific situations, to enter any building or land, with or without the help of
workers. They can do this for various purposes like inquiries, inspections, surveys,
measurements, valuations, or carrying out repairs. Before entering, the Board should
try to give reasonable notice to the owner and occupants, and they should consider the
owner's or occupant's customs and beliefs. If possible, the owner or occupant or their
representatives should be present during these activities.
(b) Vacating Buildings: If the Board believes it's necessary, they can order people to
leave a building within a certain timeframe, especially if it's going to be structurally
repaired, reconstructed, or demolished. When people are forced to leave, the Board
should provide temporary housing in a building managed by the Authority, as
appropriate. The relevant rules and regulations of this Chapter apply to these
 displaced occupants.
78 If someone:
1. Blocks or hinders the authorized person from entering a building or land,
2. Disturbs or troubles the authorized person in any way after they have
entered, or
3. Fails to leave a building or remove their belongings within the specified time
when required to do so,
Then, if convicted (found guilty in a court of law), that person can be punished with:
 Imprisonment for up to three months, or
 A fine of up to five hundred rupees, or
 Both imprisonment and a fine.
In essence, this passage establishes legal penalties for anyone who interferes with
authorized individuals carrying out their duties related to buildings or land.
79 1. Authority's Role: The Authority has the power to assign the responsibility
of creating and implementing schemes for building repairs, reconstructing
buildings, or providing housing and rehabilitation for people who have been
displaced, whether or not these actions are explicitly mentioned in this Act.
They can give these tasks to the Board, and the Board must carry them out as
if they were part of this Act.
2. Board's Actions:
o The Board can, with the prior approval of the Authority and by
mutual agreement, hand over the supervision and execution of
building repair schemes, building reconstruction schemes, or
housing schemes for displaced occupants to entities like Municipal
Corporations, co-operative societies, or other recognized agencies
that the Board considers suitable.
o The Board can also transfer newly constructed buildings on land
acquired under this Chapter to co-operative societies, but only if all
the occupants agree, or to apartment owners in accordance with the
Maharashtra Apartment Ownership Act of 1970, provided that all
the occupants agree to this transfer.
88 1. Urgent Repairs: If the Board receives information from the Municipal
Commissioner or its authorized officer, or if it possesses information
suggesting that a building occupied by people is in a dangerously ruinous
condition and may collapse unless repaired, the Board must undertake the
necessary structural repairs to make the building safe for habitation.
2. Priority List: The Board can create a list of such buildings, specifying the
priority or urgency of repairs, and then proceed to make the repairs based on
the severity of the situation and the resources available.
3. Cost Limit: If the Board believes that the cost of repairing a building per
square meter exceeds a limit set by the State Government (as specified in a
government notification), or if the cost exceeds this limit but the land size
makes it impractical to build a new structure, and there's an adjoining
building that doesn't exceed the cost limit, the Board may choose not to
consider repairs for that building. Instead, it will issue a certificate to the
owner, post a copy in the building for the occupants to see, and take
appropriate actions as outlined in this Chapter.
4. Special Cases: In exceptional circumstances, if a building is not repaired due
to cost limits, the Board can still consider it for repairs if there are
compelling reasons.
5. Occupiers' Contribution: If the occupants of a building agree to pay for the
repairs exceeding the cost limit and abide by the terms set by the Board, the
Board can go ahead with the structural repairs.
 6. Reporting by Municipal Commissioner: The Municipal Commissioner is
responsible for providing the Board with information about buildings in
dangerous conditions that require urgent repairs or buildings for which
notices have been issued under a specific section of the Corporation Act.
89 89. (1) Where the Board is satisfied under section 88 that structural repairs are
necessary to a building, the Board shall give the owner thereof a notice of not less
than fifteen days, informing that the Board intends to carry out such repairs on and
from a date specified in the notice, being a date which shall be after the expiry of the
period specified in the notice, and asking him to submit objections or suggestions, if
any, thereto before the time specified in the notice.
(2) The notice shall also require the owner to furnish to the Board a statement in
writing signed by the owner stating therein the names of all occupiers of the building
known to him from his record, the approximate area and location of the premises in
occupation of each occupier and the rent, compensation or amount (including
permitted increases, if any), charged therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the building to
which it relates and also published by proclamation or near such building
accompanied by a beat of drum for the information of the occupier thereof and for
giving them an opportunity to submit objections or suggestions, if any.
(4) On such affixation and publication of the notice, the owner, occupiers
and all other persons interested in such building shall be deemed to have
been duly informed of the matters and contents stated in the notice.
(5) After considering the objections and suggestions received within the
time aforesaid, the Board may decide to carry the repairs with or without
modification or may postpone the repairs for a certain period, or may cancel
the intention to repair.
(6) Where the Board has reason to believe that the building is immediately
dangerous for habitation, the notice may be returnable within 24 hours from
the service thereof.
(7) The Board may, before giving any such notice or before the period of
any such notice has expired, take such temporary measures as it thinks fit
to prevent danger to, or from, the said buildings.
(8) Any owner who refuses to furnish a statement as required by sub-section
(1) or intentionally furnishes a statement which is false in any material
particular shall, on conviction, be punished with fine which may extend to
one thousand rupees.
90 1. Notice to Vacate: If the Board determines that occupants of a building need
to temporarily vacate their premises for safety during repairs, they must issue
a notice specifying the date or dates by which they should vacate. The Board
will provide temporary accommodation in buildings maintained by the
Authority for this purpose, but it might not be in the same area or of the same
size as the occupants' original premises.
2. Acceptance of Temporary Accommodation: Occupants are obligated to
accept and occupy the allotted temporary accommodation within one month.
If they fail to do so, the Board's responsibility to provide accommodation
ceases.
3. Right to Reoccupy: Occupants have the right to reoccupy their original
premises in the building after repairs are completed.
4. Charges: Temporary accommodation provided by the Board is free of charge,
but occupants may be required to pay service charges and follow other terms
and conditions set by the Board.
5. Rent to Owner: Occupants are still responsible for paying rent to the owner
 of their original premises, even if they accept temporary accommodation.
6. Cess Payment: Occupants must continue to pay their share of the cess (a type
of tax) as if they hadn't temporarily vacated the premises.
7. Forced Eviction: If an occupant refuses to vacate their premises, the Board
can use reasonable force to get them to leave.
8. Property Removal: If occupants don't vacate as required, the Board can
remove or dispose of any property left in their premises through a public
auction.
9. Sale Proceeds: The proceeds from the auction will be paid to the entitled
person or persons, and if there's a dispute about who should receive the
proceeds, it can be resolved in a civil court.
10. Reoccupation Notice: When the structural repairs are nearly completed, the
Board will notify the occupants that they can reoccupy their premises from a
specified date, usually within one month.
11. Failure to Reoccupy: If an occupant fails to reoccupy within the specified
period, their tenancy or rights to the premises will be terminated, and the
owner can take possession.
12. Eviction from Temporary Accommodation: If an occupant doesn't vacate the
temporary accommodation when required, they can be evicted as if they
were in unauthorized occupation of Authority premises, following the
procedures outlined in Chapter VI of this Act.
UNIT – 21 – 26 Maharashtra Co-operative Societies Act
Section 3 An "agricultural marketing society" primarily markets farm products, supplies farming
tools, and requires at least three-fourths of its members to be farmers or farmer-formed
societies.; An "apex society" in Maharashtra is a society that operates across the entire
state, focuses on advancing the goals of its affiliated member societies, and has been
officially designated as an apex society by the Registrar. A "Consumer society" is a
society whose purpose is to acquire, produce, process, and distribute goods or services
to its members and other customers. It also involves distributing profits among its
members and customers based on prescribed proportions set by rules or by-laws of the
society. A "Co-operative bank" is a cooperative society engaged in banking activities
as defined in the Banking Companies Act, 1949, and it includes any society operating
or intended to operate as an Agricultural and Rural Development Bank under Chapter
XI. Additionally, terms such as "Co-operative Appellate Court," "Co-operative Court,"
and "Co-operative year" have specific meanings as outlined in the Act, referring to
institutions or timeframes related to cooperative activities and legal proceedings.
Section 19 A proposal for compromise or arrangement between society and it’s
creditors/membors is approved at a Special General Meeting, Registrar upon this
application rules to allow such reconstruction in a prescribed manner.
Membership Membership Conditions (Section 19):
Process 1. To become a member of a society, a person must:
2. Submit a written application in the specified form.
3. Have the application approved by the society's committee and the general
body of members.
4. Fulfil all conditions in the Act, rules, and bylaws.
5. For firms, companies, trusts, or local authorities, provide a resolution
authorizing membership.
Procedure for Membership Application Refusal (Section 19A):
If a society rejects a membership application, the person can apply to the Registrar
with the required fees. The society must respond within 60 days, or the person is
deemed a member. If rejected, the society must communicate the decision with
reasons and refund fees with interest.

Joint Members, Minors, and Persons of Unsound Mind (Section 20):

 A society may admit joint members, minors, or persons of unsound mind inheriting
shares. Declarations and procedures must be in line with the society's bylaws and
rules.

Withdrawal of Membership (Section 21):

Members can resign by giving a three-month notice. Resignation is accepted only if
all dues are paid. Refund of share capital is subject to restrictions, and the society must
comply within six months.

Valuation of Shares (Section 23):

The value of shares is determined based on society rules. The amount refunded upon
leaving a society depends on factors like financial position and actual amount received
by the society.

Procedure for Transfer of Shares (Section 24):

Shares cannot be transferred effectively unless specific conditions are met, including
providing notice to the society, discharging liabilities, and registering the transfer.

Nomination of Persons (Section 25):

Members can nominate individuals for share transfer. If no nomination is made, the
society invites claims or objections after a member's death.

Registration of Nominations (Section 26):

Nominations are registered in a society's record.

Supply of Copies of Documents (Section 27):

Members can request copies of documents from the society by applying and paying a
deposit. The society retains copying fees and refunds any surplus.

Expulsion of Members (Section 28):

Members consistently defaulting on payments or violating bylaws can be expelled,
potentially resulting in the forfeiture of shares.

Procedure for Expulsion of Member (Section 29):

A resolution for expulsion is brought up in a general meeting, giving the member a
chance to present their case. If approved, the Registrar's approval is sought for the
resolution to take effect.
Settlement of Section 77: Acts of Societies Validity:
Disputes 1. Acts done in good faith by a society, committee, or officer in line with the
society's business are not invalidated by defects in organization, committee
constitution, officer appointment, or disqualification.
2. Acts done in good faith by a person appointed under the Act, rules, or bylaws
remain valid even if the appointment is later cancelled.
3. The Registrar has the final decision on whether an act was done in good faith.
Section 77A: Appointment of Committee or Administrator:
1. The Registrar, when satisfied with certain conditions (like failure to elect,
committee term expiration, or disputes), may appoint: a. Members to fill
committee vacancies. b. A committee or administrators (non-members) to
manage society affairs until a new committee takes over.
2. The Registrar must publish a notice inviting objections and suggestions
 before making such appointments unless immediate action is needed.
3. The appointed committee or administrator, under Registrar's control, has the
power to perform committee functions and take necessary actions for the
society's benefit.
4. The appointed committee or administrator serves for six months, during
which they must arrange for a new committee's constitution. If a new
committee cannot be constituted, their term may be extended until a new
committee is duly formed.
5. The Registrar has the authority to change the committee or administrators,
and the provisions regarding remuneration are applicable.

Section 91: Disputes:

1. Disputes related to society constitution, committee elections, officer conduct,
general meetings, and society management are referred to the Cooperative
Court by involved parties.
2. Parties include society members, committees, officers, federal societies,
creditors, or other societies.
3. Certain disputes, such as industrial disputes, election rejections, admission
refusals, or recovery proceedings, are excluded from this section.
4. The Cooperative Court, upon application, may suspend proceedings for
complex legal and factual questions until resolved in a regular civil suit.
Section 91A: Constitution of Cooperative Courts:
1. The State Government can establish Cooperative Courts for adjudicating
disputes under Section 91 or other provisions.
2. A Cooperative Court consists of one member appointed by the State
Government with prescribed qualifications.
3. The court's jurisdiction covers the entire state or specific areas as specified.
4. Disputes pending before the Registrar's nominees or board are transferred to
Cooperative Courts. The court may continue from the stage reached or begin
anew.
5. Disputes pending before the Registrar or his delegate are similarly transferred
to Cooperative Courts for resolution.
Section 163: Bar of Jurisdiction of Courts:
1. Civil or Revenue Courts have no jurisdiction over society registration,
bylaws, committee dissolution, or society management disputes, all of which
must be referred to the Cooperative Court.
2. During a society's winding-up, no legal proceedings related to its business
can proceed without the Registrar's leave.
3. Orders, decisions, or awards made under this Act or its rules are final and not
subject to challenge in any court unless specified by appeal or revision
provisions.

Parking Rules 77. Policy for Allotment of Parking Slots and Restriction on Parking Slots:
a. The society, in a general body meeting, will create and adopt rules for parking slots
in line with the law.
b. Parking spaces will be allocated by the committee on a "First Come First Served"
basis. Members cannot sell or transfer their allotted parking slots.
c. Members must not use more parking slots than officially assigned to them.
78. Marking of Parking Slots:
When parking spaces exist in the society, the committee must number and mark them
to avoid inconvenience. The committee ensures members use the allotted spaces
appropriately.
 79. Eligibility for Allotment of Parking Slots:
Members with vehicles are eligible for parking slots. Generally, a member is entitled
to one parking slot. If slots are unallotted, members with existing slots may get
additional ones on a yearly basis if not needed by others.

80. Eligibility for Allotment of Parking Slots (In Case of Excess Demand):
If eligible members exceed available parking slots, the managing committee will
allocate slots annually through a fair and transparent process, with approval from the
general body.

81. Applications for Allotment of Parking Slots:

Members wanting a parking slot must submit an application to the society secretary,
providing necessary details.

82. Payment of Charges for Parking:

Members must pay parking charges for their allotted slots, as decided by the general
body, regardless of whether they use the space or not.

83. Parking of Other Vehicles:

Members with scooters, motorcycles, or autorickshaws must obtain committee
permission to park in the society compound and pay charges set by the general body.
Terrace Rules Repairs and Maintenance Responsibilities (Bye-laws 67 and 158): a. The society is
responsible for repairs and maintenance of various areas and facilities, including
internal roads, compound walls, water pipes, pumps, storage tanks, drainage, septics,
staircases, terraces, roofs, lighting, walls, leakages, electric lines, lifts, generators,
security appliances, rainwater harvesting, sewerage, stormwater drain, water treatment
plant, common areas, parking space, solar devices, and more. b. Members are
responsible for repairs not covered by the society. They must also bear the cost of
internal leakages, with notice to the society.
Usage Restrictions (Bye-law 168): a. Open spaces like staircases, terraces, lawns,
clubhouses, etc., cannot be leased, licensed, or sublet for any purpose. Members
cannot encroach upon common areas meant for everyone. b. Violations of these
conditions may lead to eviction and a penalty equal to five times the monthly
maintenance charges.
Temporary Use and Special Cases (Bye-laws 169): a. The committee may allow
temporary use of terrace or open space for functions with restrictions and charges set
by the general body. b. Temporary exhibition of advertisement boards on the building,
including the terrace, may be allowed under specific terms. c. Members wanting to
install solar energy systems may request space on the terrace. The society is obligated
to allocate space based on availability.
M.K Indrajeet In this case, a private company leased a mill from a cooperative society for five
Case years. Disputes arose, leading the company to file a lawsuit in 2000, seeking a
recovery of Rs. 2,51,89,606/- with interest. The cooperative society was wound up
in 2001, but due to the earlier filing of the lawsuit, the company had to seek
permission to continue the suit under Section 112 of the Gujarat Co-operative
Societies Act, 1961. The Registrar of Co-operative Societies denied permission,
stating that the suit lacked a necessary notice under Section 167 of the Act. This
notice, according to the Registrar, should have been given to him, explaining the
cause of action and the relief sought in the lawsuit. The company initially won in
a writ petition before a Single Judge of the High Court, but the Division Bench of
the High Court, in response to the respondents' appeal, upheld the Registrar's
decision. The matter was then brought before the current Bench. The Bench
clarified the Registrar's role, emphasizing that the Registrar's power under
 Section 167 is to decide whether a lawsuit should be filed against a society under
liquidation. The Registrar is not concerned with the merits or tenability of the
suit, as these aspects fall within the jurisdiction of the Civil Court where the suit
is pending. The Bench concluded that the question of whether a suit is tenable
due to the lack of notice under Section 167 is solely within the competence of a
Civil Court, not the Registrar. Therefore, the Registrar's decision was set aside.
The company's appeal was allowed, and the Bench directed the Registrar to
reconsider the question of permission for continuing the suit.
Virani Case Open areas cannot be sold even if two bedrooms of an apartment open to it, It
cannot be interpreted as part of the condominium itself.
Unit – 27 – 32 Maharashtra Rent Control Act
Section 6 The Act exempts premises in a building from standard rent and permitted increases
provisions if they were not leased or licensed continuously for one year, starting from
the Act's commencement.
Section 10 Except as provided in section 6, it is not allowed to claim or receive rent increases
beyond the standard rent and permitted increases for any premises, unless the landlord
was entitled to such increases under repealed Acts before this Act's commencement or
is entitled to them under this Act. Any violation of this rule is an offense punishable by
imprisonment up to three months or a fine not exceeding Rs. 5,000, or both.
Section 15 Section 15 outlines that a landlord cannot evict a tenant as long as the tenant pays or is
willing to pay the standard rent and permitted increases, along with fulfilling other
tenancy conditions consistent with the Act. No eviction lawsuit can be initiated until
ninety days after serving a written notice of demand for rent or increases. The court
cannot pass an eviction decree for arrears if, within ninety days of the summons, the
tenant pays the due amount with fifteen percent per annum interest. During the
lawsuit, the court may allocate tenant payments to the landlord as it sees fit.
Section 25 Section 25 states that when the tenancy of a premises is terminated for any reason, any
sub-tenant who has lawfully sublet the premises and whose sub-tenancy is still in
effect on the commencement of this Act, or if sub-tenancy is allowed by a contract
between the landlord and the tenant, the sub-tenant will be considered the tenant of the
landlord. This transfer of tenancy will occur under the same terms and conditions that
would have applied if the tenancy had continued uninterrupted.
Section 26 Section 26 prohibits tenants from subletting, giving on license, assigning, or
transferring any part of the premises they have rented, unless there is a contract
allowing otherwise. However, the State Government has the authority, through an
official notification, to permit the transfer of interests in certain premises or classes of
premises in specific areas.
Section 30 Section 30 prohibits landlords from permitting or converting premises used for
residential purposes into commercial ones. Any landlord found in violation of this rule
can face penalties, including imprisonment for up to six months or a fine of up to ten
thousand rupees, or both, upon conviction.
Section 31 Section 31 mandates that every landlord must provide a written receipt for any amount
received in relation to premises, following the prescribed form and method.
Additionally, the landlord is required, without charging any fee, to issue rent receipts
in the name of the family member specified in sub-clause (d) of clause (15) of section
7 if the tenant has passed away. Failure to provide a written receipt may lead to
penalties, with the person or landlord facing a fine of up to one hundred rupees for
each day of non-compliance, upon conviction.
Section 33 Section 33 delineates the jurisdiction of courts in matters related to landlords and
tenants. Notably, the Court of Small Causes in Mumbai, a Court of Small Causes
established under the Provincial Small Causes Courts Act, 1887, and the Civil Judge
(Junior Division) or Civil Judge (Senior Division) elsewhere, have jurisdiction to
handle suits or proceedings between landlords and tenants regarding rent recovery or
possession of premises, as well as applications under this Act. Other courts are
explicitly barred from entertaining such suits, proceedings, or applications unless
specified otherwise.
 Furthermore, the District Court has the authority to withdraw and transfer a suit,
proceeding, or application from a Court of Small Causes to a Civil Judge (Senior
Division) within the area. The Civil Judge (Senior Division) trying the case after
withdrawal is deemed, for that specific matter, to be the Court of Small Causes.
Section 34 An appeal is allowed in Brihan Mumbai to a bench of two Judges and elsewhere to the
District Court for certain matters related to landlords and tenants. Exceptions include
specific orders and cases where the recovery amount is below certain limits. The
appeal must be filed within thirty days, with provisions for the application of the
Limitation Act, 1963. No further appeal is allowed, but a review may be conducted in
specific cases to ensure the decree or order aligns with the law.
UNIT 34 – 40 MHARASHTRA APARTMENT OWNERSHIP ACT
Concept of Condominium are privately owned units which share common amenities and is
Condominium charged a monthly maintainance amount for the same. When you buy a condo, you
own your unit and a share of common areas. In a co-op, you buy shares in the
property, and your lease grants you living rights. Co-ops work like stock investments,
where you're a shareholder with a say in co-op matters. The Maharashtra Cooperative
Societies Act, 1960, governs co-op societies formed by owners for building
management. Alternatively, the Maharashtra Apartment Ownership Act, 1970,
introduced condos. Condo buyers are apartment owners forming an 'association of
apartment owners.' While both models share similar goals, they differ in various
aspects, such as formation requirements, ownership structure, bye-laws flexibility,
management, transfer fees, leasing permissions, voting rights, dispute resolution,
expulsion, and nomination. Co-op housing societies fall under The Maharashtra Co-
operative Societies Act, 1960, and its Rules, 1961, while apartments are governed by
The Maharashtra Apartment Ownership Act, 1970, and its Rules, 1972. In co-ops, the
building land is transferred to the society, while in condos, each apartment owner
holds a share of the land. Bye-laws in societies are modified with Registrar approval,
while apartment bye-laws can be amended through registered Deed of Declaration
under the Apartment Act, with copies submitted to the Registrar.
Redevelopmen Section 6A of this act is crucial, focusing on the Redevelopment of Apartments.
t of According to this section, redevelopment work for a specific building can proceed
Condiminium with the majority consent of the apartment owners in that building. However, an
important condition is that redevelopment must commence for a building that has
either completed 30 years from the date of receiving a Completion Certificate from the
relevant Planning Authority or from the date of receiving permission to occupy the
building, whichever is earlier. If the Planning Authority deems the building unsafe,
unfit for habitation, or at risk of collapsing, then redevelopment becomes mandatory
for the entire building.
Case Law The factual matrix of the case is that the promoter sought to claim the rights to sell the
Nahal Chand stilt car parking spaces separately. The conflict was between the promoter and the
Laloochand Society (Panchali Co-operative Housing Society Ltd.). The Society pleaded that a
Case-: promoter had no right to sell or dispose of the stilt parking space. The claim of the
promoter was based on the plea that stilt parking space being a garage was an
independent unit under the MOFA. It was held that the stilt car parking space could
not fall within the definition of a flat and was part of common area and could not be
sold separately. The promoter thus did not have a right in the same and the very
purpose of enacting the aforesaid MOFA would be defeated since the flat purchasers
would continue to be exploited indirectly by the promoters. A stilt area is a space
above the ground and below the first floor having columns that support the first floor
and the building. It may be usable as a parking space. (See: Para 36, Nahalchand
Laloochand (P) Ltd. V/s Panchali Co-operative Housing Society Ltd., Supreme
Court of India, Civil Appeal No. 2544/ 2010)
Stamp Duty on Stamp duty is a kind of state tax that is levied on the transfer of ownership in
Movable immovable property. The state government levies stamp duty. Stamp duty validates
property the ownership of immovable property. Stamp duty is legal proof of property
ownership that shows the current status of the legal authority.Depends on two factors,
Property valuation and fixed reckoner rate, Reckoner rate is basically an minimum
 amount that is required to be paid by any citizen to buy any immovable property;.
Registration of Section 25 of Maharashtra Registration act enables a person to successfully register
documents his/her property with the registrar provided that he does his obligation in furnishing all
property documents within 4 months of the said property’s registration.
Effect of non the said instrument (agreement in question) can be impounded by the lawful public
payment of office including courts except police officers in terms of Section 33 of the Indian
stamp duty Stamp Act, 1899;
2. the said instrument shall be inadmissible as evidence for any purpose; and
3. such instrument shall be admissible as evidence after payment of appropriate stamp
duty along with a penalty equivalent to 10 (Ten) times of shortfall or deficient stamp
duty.
UNIT 41- 44 RERA Act 2016
Section 3 No sale of any unit or invite to sale without the registration of the project with RERA.
If the project is in the process of completion, The owner must register within 3 months
of the law coming into effect. Projects with a land area under 500 square meters or
involving fewer than eight apartments, including all phases, may not need registration.
Also, if a project has already received a completion certificate before the law started,
or if the work involves only renovation, repair, or redevelopment without new sales, it
might be exempt from registration.
Section 11 In simple terms, this passage outlines the responsibilities and actions required of a real
estate project promoter:
1. Registration and Public Disclosure:
o The promoter must create a web page on the regulatory authority's
website upon receiving login credentials. They must enter project
details for public viewing, including registration information, lists of
booked apartments, garages, project approvals, and quarterly
updates on the project status.
o The promoter's advertisements must prominently display the
regulatory authority's website address, project details, and the
registration number.
2. Information to Allottees:
o The promoter, at the time of booking, must provide allottees with
sanctioned plans, layout plans, specifications approved by
authorities, and a stage-wise completion schedule, including
infrastructure provisions.
3. Obligations and Responsibilities:
o The promoter is responsible for all obligations under the law until
all properties are conveyed to allottees or the competent authority.
o The responsibility for structural defects continues even after
conveyance.
o Obtaining completion or occupancy certificates from relevant
authorities and providing them to allottees.
o Obtaining a lease certificate for projects on leasehold land.
o Providing and maintaining essential services until the association of
allottees takes over.
o Facilitating the formation of an association of allottees within three
months of the majority booking.
o Executing a registered conveyance deed for apartments, plots, or
buildings in favor of allottees and the common areas to the
association or competent authority.
o Paying outgoings and liabilities related to the project until physical
possession is transferred.
 o Not mortgaging or creating a charge on a property after the sale
agreement is executed.
4. Cancellation and Relief:
o The promoter can cancel allotments only according to the agreement
for sale.
o Allottees have the right to approach the regulatory authority for
relief if the cancellation is unilateral and not in accordance with the
agreement.
5. Record-Keeping:
o The promoter must prepare and maintain additional details specified
by regulations made by the regulatory authority.
Section 19 1. Access to Information:
o Allottees have the right to obtain information about sanctioned
plans, layout plans, specifications, and other details as mentioned in
the law, rules, regulations, or the agreement signed with the
promoter.
2. Project Schedule and Amenities:
o Allottees have the right to know the stage-wise schedule for project
completion, including provisions for water, sanitation, electricity,
and other amenities agreed upon in the sale agreement.
3. Possession Rights:
o Allottees have the right to claim possession of their property
(apartment, plot, or building), and the association of allottees can
claim possession of common areas as declared by the promoter.
4. Refund and Compensation:
o If the promoter fails to provide possession in accordance with the
agreement or due to issues like business discontinuation, the allottee
has the right to claim a refund with interest and compensation as per
the provisions of the law.
5. Access to Documents:
o After taking physical possession, allottees have the right to obtain
necessary documents, including those related to common areas.
6. Payment Responsibilities:
o Allottees are responsible for making necessary payments as
specified in the sale agreement, including registration charges, taxes,
water and electricity charges, maintenance charges, ground rent, and
other fees.
7. Interest for Delay:
o Allottees may incur interest, as prescribed, for any delay in making
payments.
8. Negotiation on Obligations:
o The obligations and interest liability can be reduced through mutual
agreement between the allottee and the promoter.
9. Participation in Association:
o Allottees are required to participate in the formation of an
association, society, cooperative society, or federation of allottees.
10. Timely Possession:
o Allottees must take physical possession of their property within two
months of the issuance of the occupancy certificate.
11. Conveyance Deed Registration:
o Allottees must participate in the registration of the conveyance deed
for their property as per the provisions of the law.