O.S. BAJPAI Vs. ADMINISTRATOR

JUDGEMENT

(1.) The petitioner who has filed this petition is a Senior Advocate practising in this Court. This petition is in the nature of public interest litigation whereby the petitioner has drawn the attention of this Court to the apathy and inaction on the part of the respondents in not properly enforcing the Delhi Apartment Ownership Act, 1986 (hereinafter referred to as "the Act"). The grievance is that thought the said Act was passed 20 years ago (from the date when the petition was filed), the respondents are feigning helplessness in enforcing the provisions of the said Act as their stand is that the Act does not provide any remedial or penal action which can be taken by the respondents, in the event the provisions of the Act are being violated by the builders/promoters who construct/maintain the multi-storeyed buildings. The petitioner has knocked the doors of this Court after he took up the matter with the builders as well as the Government for redressal of his grievance, but failed in his attempt.

(2.) Before we come to the grip of the matter and take note of the grievance of the petitioner in implementation of this Legislation, it would be apposite to refer to the main provisions of the Act.

(3.) The Act was passed by the Legislator for providing ownership of an individual in a multi-storeyed building and also to give him undivided interest in the common areas and facilities appurtenant to such apartment and also to make such apartment and interest heritable and transferrable. The preamble to the Act reads as under: