M.J. MATHEW Vs. JOHNS WOOD

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) The petitioners claim to be the owners of certain apartments in respect of which an Apartment Owners' Association, namely, respondent No.1 is constituted under the provisions of the Karnataka Apartment Ownership Act, 1972 (for short, 'the Act of 1972'). The petitioners allege that the respondent No.1 introduced a few amendments to the bye-laws by inserting 'Facilitation Charge' that was collectible from the owners of the apartments who had let them out on lease, licence, tenancy or otherwise. The petitioners contend that this levy of facilitation charges is arbitrary and against the principles of law and cannot stand the scrutiny of the law of the land. The petitioners have raised several grounds in support of their contention that the amendment of the bye-law of the respondent No.1 to insert necessary 'Facilitation Charge' are all illegal.

(3.) It is relevant to note that respondent No.1 is a private association of owners of apartments and therefore, does not qualify to be a 'State' under Article 12 of the Constitution of India. It is also not performing any public duty and hence its activities are not amenable to be scrutinized by this Court in a proceeding for issuance of a prerogative writ. If the petitioners have any grievance against the respondent No.1 in amending the bye-laws or in collecting the facilitation charge or if the respondent No.1 has introduced a charge, which is not permitted under the Act of 1972, the only remedy available to the petitioners is to challenge the amendment of the bye-laws of the respondent No.1 before the competent Civil Court.