<p>The court has asked the Urban Development Ministry rpt Urban Development Ministry 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 further directions.<br /><br />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.<br /><br />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.<br />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.<br /><br />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.<br /><br />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."<br /><br />"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.<br /><br />The court had on November 27, 2007 directed the Union Urban Development Ministry and the NCT government to find solution in this regard.<br /><br />"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.<br /><br /></p>
<p>The court has asked the Urban Development Ministry rpt Urban Development Ministry 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 further directions.<br /><br />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.<br /><br />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.<br />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.<br /><br />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.<br /><br />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."<br /><br />"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.<br /><br />The court had on November 27, 2007 directed the Union Urban Development Ministry and the NCT government to find solution in this regard.<br /><br />"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.<br /><br /></p>