HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 53503 of 2015 Petitioner :- Niho Scottish Farden Apartment Owner Association Respondent :- Ghaziabad Development Authority And 4 Ors. Counsel for Petitioner :- Prashant,Shehnaz Ahmed Counsel for Respondent :- C.S.C.,R.B. Yadav Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties and perused the record.
Apathy on the part of Ghaziabad Development Authority in enforcing the provisions of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (hereinafter referred to as "Apartment Act") has created a situation where the builder has practically deprived the residents of the apartments of water and electricity.
In our opinion, water and electricity are daily necessity for a normal human being, therefore, covered by right to life under Article 21 of Constitution of India.
The Vice Chairman of the Development Authority must take prompt action as per the provisions of the Apartment Act.
Action taken report shall be submitted to the Court by 22.9.2015 in the shape of affidavit of Vice-Chairman.
List on 22.9.2015.
The Development Authority is directed to communicate this order in writing to the builder so that he may also have his say in the matter on the next date.
Order Date :- 17.9.2015 Ashish Pd.