The Hindu : New Delhi News : Apartment Ownership Act stands implemented

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Thursday, Aug 07, 2008
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New Delhi

Apartment Ownership Act stands implemented

Gaurav Vivek Bhatnagar

Rights of voting and equal membership of purchasers of flats on power of attorney now stand protected

Confirmation comes on a right to information query
Wave of happiness among many flat owners

NEW DELHI: With the Land and Building Department of the Delhi Government in response to a Right to Information Act query forwarded to it by the Prime Minister’s Office via the Delhi Chief Secretary confirming that the Delhi Apartment Ownership Act, 1986, stands implemented, a wave of happiness has swept a large number of people who had purchased flats on general power of attorney.

Their rights of voting and equal membership in their cooperative group housing societies now stand protected.

Announcement hailed

The Delhi Residents’ Front has hailed the announcement and thanked Prime Minister Manmohan Singh and Chief Minister Sheila Dikshit for upholding the rights of lakhs of general power of attorney holders in Delhi. Its president Sanjiv Kumar said while certain officials in the Delhi Development Authority and the Union Urban Development Ministry had been trying to scuttle the implementation of the Act -- as that allowed vested interests who included brokers and land mafia to retain their hold on various apartment complexes -- now GPA holders who had bought their premises in resale would be able to enjoy equal voting and other rights and would not be discriminated against.

The residents of the CGHS apartments are now demanding that necessary directions be issued by the Urban Development Ministry, Delhi’s Lieutenant-Governor and the Delhi Government to the Delhi Development Authority so that it may issue certificates to the associations of apartment owners so formed certifying their formation as per the provisions of the Delhi Apartment Ownership Act, 1986, and the rules framed therein.

“Also, the DDA should be asked to comply with the provisions of the Delhi Apartment Ownership Act, 1986, in letter and in spirit by facilitating the formation of associations of apartment owners in all multi-storey buildings, both residential and commercial, promoted by CGHS, and to execute deed of apartment in the favour of every individual purchaser or apartment owner,” Mr. Kumar said.

Stating that the Registrar of Cooperative Societies should also be directed to ``issues directions to the promoter CGHS to hand over charge, including the records, accounts and stock, without delay to the associations of apartment owners wherever formed so that the housing complex is managed democratically and without any conflict by the statutory body.

Legal status

The Front has stated that over half of Delhi’s population would benefit from these moves as the association of apartment owners formed in CGHS and DDA flats and other builder or DDA-promoted residential and commercial complexes would now have a legal status to manage and maintain their respective complex and this would treat both the original allottees and GPA holders at par.

“Democratic associations would also strengthen the Bhagidari concept of Government, the apartment owners will reap the monetary benefits and the Govt would generate unprecedented goodwill and revenue in the process,” the Front said.

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