New Delhi: The Delhi High Court has directed
NCT government to effectively implement the law dealing with
rights of apartments owners in the capital by laying down
guidelines to curb violation of the legislation by promoters
The court has asked the government to appoint competent
authorities area-wise or building-wise within 30 days for the
effective discharge of their function and directed it to file
a status report by December 20 in this regard for issuing
A bench comprising Justices A K Sikri and Ajit Bharihoke
also directed the promoters and builders to execute registered
sale deeds with regard to the apartments in the performa
approved by the authorities for the transactions already
effected within two months. Future deeds are required to be
registered within one month.
The court made it clear that the failure and inaction
on the part of builders in executing and registering sale deed
would mean that the buyer will be treated as the owner of the
apartment for the purpose of getting benefits under the Delhi
Apartment Ownership Act.
Directing the competent authorities to inform the owners
of the apartments as to their right to form owners`
association in accordance with the Act, the court said the
body will take over the management and books of account and
other documents from the builders and promoters.
The court was hearing a petition filed by an advocate V N
Jha seeking enforcement of the Act on the ground that despite
there being law in this regard, the promoters and builders
were not complying with it as there was no punitive sanction
to ensure its implementation.
The petitioner had alleged "the government was feigning
their helplessness in enforcing the provisions of the Act as
it did not provide any remedial or penal action."
"Individual interest in common areas and facilities are
not conveyed to the owners. No associations of apartment
owners are formed and the builders are, in fact, ensuring that
such associations do not come up. In absence of any
association and the contract for maintenance is given to their
own henchmen," the petitioner had alleged.
The court had on November 27, 2007 directed the Union
Urban Development Ministry and the NCT government to find
solution in this regard.
"The minutes of the meeting, held in 2008, recorded that
a decision in principle had already been taken to the effect
that instead of making extensive amendments to the existing
Act, it would be more appropriate to draft a comprehensive
legislation," the court said adding that the legislators will
spring into action at the earliest.