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2025 DAILYLAW 145360 (ALL)

SMT. HANSA YADAV v. HOUSING AND URBAN PLANNING DEPTT. THRU. PRIN. SECY. LKO. AND 3 OTHERS

WRIC/5796/2025 · 2025-06-06

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34945-DB Court No. - 2 Case :- WRIT - C No. - 5796 of 2025 Petitioner :- Smt. Hansa Yadav Respondent :- Housing And Urban Planning Deptt. Thru. Prin. Secy. Lko. And 3 Others Counsel for Petitioner :- Rajat Srivastava Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. 1. Heard. 2. The grievance of the petitioner is that on account of resistance of the petitioner to pay certain common expenses, respondent no. 4 has proceeded to deduct/realize the said expenses to the extent of Rs. 10,000/- treating the same as arrears of electricity dues, which is impermissible. 3. She has invited our attention to Section 20(2) of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 to contend that if, at all, the Association of owners of apartments had any cause regarding the recovery of any amount from the petitioner, the remedy was to approach the competent authority in terms thereof. 4. Without going into the merits of the issues, let the Vice Chairman, L.D.A. who is said to be the competent authority, look into the application of the petitioner as to whether it is maintainable and is referable to any provisions of the U.P. Apartment Act i.e., whether he has jurisdiction to enter into and decide such disputes between the petitioner-owner of the flat and the respondent no. 4 which is Casa Greens Residents Welfare Association. If he finds that he has authority to decide such a dispute, then he shall consider and decide the same as per law but with expedition. However, if he finds that he does not have the jurisdiction, then he shall decide it accordingly and intimate to the petitioner. 5. Let this exercise be completed at the earliest, say, within a period of three months. If the complaint/application is found to be maintainable, the Vice Chairman, L.D.A. shall consider as to whether he can pass any interim order as prayed by the petitioner before him, if so, do the needful as per law, within 15 days of receipt of this order. 6. Accordingly, the writ petition is disposed of. (Praveen Kumar Giri, J.) (Rajan Roy, J.) Order Date :- 6.6.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench