O S BAJPAI Vs. ADMINISTRATOR LT GOVERNOR

JUDGEMENT

(1.) The writ petition, filed in public interest, seeking directions for enforcement of Delhi Apartment Ownership Act, 1986, was disposed of vide judgment dated 28 th May, 2010; various infirmities/deficiencies/ loopholes in the Act and the limitations of the court in issuing any directions for amendment or replacement of the Act noticed; however an attempt was still made to make the Act workable by giving certain directions for (i) appointment of Competent Authority under the Act; (ii) registration of deeds of apartment and, (iii) formation of Apartment Owners Association.

(2.) Though more than two years have since passed and status reports as to implementation of the directions issued have been filed by various agencies from time to time but unfortunately the benefits of the Act have till now not percolated to the apartment owners. Besides the petitioner, several other persons have been appearing before us making grievance in this regard. They state that the Deeds of Apartment are not being executed and registered as yet and owing whereto they are unable to beneficially hold, use, enjoy, transfer, mortgage the apartments, the full consideration whereof has been paid by them and for which reason they remain in the clutches of the promoter/builder of the multi-storied buildings containing the apartments.

(3.) The L&DO and DDA, in their status reports have informed of the appointment by them respectively of Competent Authority under the Act. They however inform that the delay in execution of the Deeds of Apartment is owing to the promoter/builder of the apartments not supplying to them, inspite of requests, the information necessary for drawing up the said deeds. The petitioner and other affected persons rejoin by contending that no cooperation can be expected from the promoter/builder who would not be interested in execution of the Deeds of Apartment and which would take away the promoter's/builder's control over the apartments. Their further grievance is that the Competent Authorities appointed are far too few and which has resulted in the appropriate steps being not taken against the promoter/builder of the apartments.