Housing Law in India

Housing law or the law relating to building construction is not codified in our country. It has developed through case law i.e. the law is based on the decisions of the various redressal agencies and higher courts including the Supreme Court. Builders, contractors, Development Authorities, Housing Boards, Improvement Trusts and all those who are connected with building construction sometimes engage in malpractices, and commit negligence or deficiency in service, knowingly or inadvertently. It is immaterial, so far as the consumer is concerned, whether the deficiency in service is intentional or inadvertent, because in either case the sufferer is the consumer who has parted with his hard earned money and entrusted the same into the hands of the service providers. Therefore, it becomes necessary for the benefit of the general public, as well as for the advocates practicing on this side of the law, to bring at one place the law relating to housing construction. A humble attempt has been made in this regard to bring all such law at one place under different heads.

Housing activity has been included in service as defined in the Consumer Protection Act and, therefore cases relating to housing disputes are being tried by the redressal agencies constituted under the Consumer Protection Act. Thus, the decisions given by various State Commissions, National Commission, as well as those of the High Courts and Supreme Courts have been included and cited for the benefit of the readers.

The work gives an exhaustive and comprehensive commentary on issues of town planning, allotment of houses, plots and apartments, cancellation of allotments, allotment of alternative sites, effect of non-delivery and delay in delivery, effect of abandonment and cancellation of housing schemes, refund of amount, escalation in cost and its effect, amenities attached with apartments and plots, compensation in housing disputes, defective construction, rights and liabilities of the builders and contractors and the like.

The work has been divided into 19 exhaustive chapters, with multiple headings and sub-headings which lead the reader to the relevant topic at one glance.

A very lucid subject-index further assists in enabling quick access to the relevant topics. An indispensable work for lawyers and judges.

TABLE OF CASES

CHAPTER

I. Housing in General 

II. Town Planning and Development Plans 

III. Allotment of Houses, Apartments and Plots

IV. Allotment of Alternative Site (Plots, Apartments and Land)

V. Cancellation of Allotment

VI. Delayed Delivery of Possession

VII. Non-Delivery of Possession

VIII. Refund of Amount Paid

IX. Abandonment of, and Alteration in Housing Schemes

X. Escalation in Cost and its Effect

XI. Construction (Not Completed: Not Started) 

XII. Amenities & Facilities (For Plots and Apartments)

XIII. Compensation in Housing Disputes

XIV. Defective Constructions

XV. Interest (Payable to the Consumer)

XVI. Pricing and Costing (Of Plots and Apartments)

XVII. Execution of Title Deed and Transfer of Less Area

XVIII. Right and Liabilities of Builder and Contractors

XIX. Procedural law in Housing Cases

SUBJECT INDEX