RAMAN NAYAR Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) During the 1980's, portions of the backwaters in Ernakulam were reclaimed and constructions were permitted on the reclaimed land. The area became known as Marine Drive. The Greater Cochin Development Authority ('GCDA' for short) who is the 1 st respondent in this writ petition constructed possibly the first apartment complex in the State in the reclaimed area and allotted apartments. Orders of allotment were alone issued since, then, the law did not contain any provision for the registration of apartments. The petitioner had been allotted an apartment as per Ext.P1 order dtd. 23/6/1984, on payment of the sale price of Rs.4,86,797.00. The petitioner thereafter shifted to the United State of America.

(2.) In 2003, the GCDA resolved to execute sale deeds in the names of allottees, replacing the allotment orders. Several of the allottees got their flats registered in their names. In the year 2020, the petitioner requested for registration of the flat. On payment of the required amounts, a draft sale deed was prepared on 27/1/2022 by the GCDA, with file number 19678/Estate/B2/R3/1983/GCDA. The petitioner thereafter got an error in his name corrected by notification in the Gazette and obtained a "No Objection Certificate" from the District Collector.

(3.) The draft sale deed required the petitioner to bear the registration expenses with the current fair value of the land. The petitioner, hence, submitted a request dtd. 25/5/2024 to the 1 st respondent to waive the stamp duty. When there was no action on the request, the petitioner sent a reminder on 10/6/2024, which also did not evoke any response. While so, the petitioner came to know that the GCDA has permitted the allottees to sell the flat, and shift the obligation to meet the expenses of the registration like the stamp duty and the registration fee, to the buyer. The petitioner has cited the example of Flat No.B52, which was sold as per Sale Deed No.546 of 2021 of Ernakulam Sub Registrar Office, by the legal heirs of the original allottee Late Sebastian Alokkaran to Mr. Shaji. M. Varghese in 2021.