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Court comes to rescue of Delhi apartment owners

New Delhi, June 1 (Calcutta Tube) The Delhi High Court Tuesday directed the city government to effectively implement a law that safeguards apartment owners’ interests related to sharing of common areas and maintenance in buildings with independent dwellings.

The court directed the government to protect the rights of apartments owners in the capital by laying down guidelines to curb violation of the Delhi Apartment Ownership Act by promoters and builders.

The court asked the government to appoint competent authorities area-wise or building-wise within 30 days for overlooking the effective implementation of the law and directed it to file a status report.

A division bench comprising Justices A.K. Sikri and Ajit Bharihoke also directed the promoters and builders to execute registered sale deeds with regard to apartments in a format approved by the authorities for all previous transactions within two months.

Future deeds related to sale of independent dwellings of floors under the act are required to be registered within one month, the court said.

The court made it clear that any failure or inaction on the part of the builders in executing and registering sale deed would mean that they would lose their ownership rights to a dwelling.

The buyer of a dwelling will be treated as the owner of the apartment for all purposes under the Delhi Apartment Ownership Act, the court.

The court was hearing a petition filed by advocate V.N. Jha seeking enforcement of the act on the ground that despite there being a law, promoters and builders were not complying with its provisions as there was no penalty to ensure compliance.

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