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Act to help flat owners get rights

delhi Updated: Dec 24, 2010 23:24 IST
Harish V Nair
Harish V Nair
Hindustan Times
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Spelling relief to lakhs of people who bought flats in various apartments on general power of attorney, the central government has assured the Delhi high court that provisions of the Delhi Apartment Ownership Act, 1986, will be implemented within three months.

Implementation of the act's provisions will protect the right of these power of attorney holders who bought their houses in resale. These include voting rights, right to form their own association, membership at par with original owners, and right to fix maintenance.

“Necessary action, which is required to comply with the directions, shall be taken and completed within three months,” additional solicitor general AS Chandiok told a bench headed by justice AK Sikri.

The court has sought a compliance report to be submitted by March 31.

The order came on a public interest litigation filed by a lawyer, OS Bajpai. The PIL complained that because the government did not implement the act that was passed 20 years ago, despite a court ruling on May 28 this year, brokers and land mafia continued to retain
their hold on various apartment complexes.

The PIL also contended that the act does not contain any provision for penal action against promoters and builders, who refuse to execute registered sale deeds with regard to the apartments in the pro forma approved by the authorities.

The PIL alleged that companies controlled by these builders and given contract of maintenance were charging exorbitant amounts as maintenance from them.

According to the PIL, at times, the charges are so exorbitant that in spite of buying the apartment “they are made to shell out more than the normal rent in those areas”.

“Apartment owners are virtually relegated to tenants in their own premises,” it said.

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