Happy Homes (Pvt) Ltd vs. Condominium Management Authority and Others – sllr 2020 volume 2 page 396

In the case between HAPPY HOMES (PVT) LTD and the Condominium Management Authority and others, the court addressed the legal duty of a public authority to remove unauthorized constructions obstructing common areas in a condominium property. It was determined that a writ of mandamus may be issued to direct the Authority to act where its statutory obligations to address continuing violations have not been discharged. The court reaffirmed the principle that a condominium owner or occupier is entitled to unobstructed use of common elements, and that procedural delays or tenant disputes do not absolve the Authority of this public duty. This decision was grounded in the Condominium Management Authority Law and related statutes, emphasizing that ongoing violations of owners’ rights compel effecti