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Landowning agencies can execute Deed of Apartment

Jul 16 2012, 18:00   |   By PTI

fail: HC New Delhi, Jul 14 (PTI) Land owning agencies--DDA and L &DO--can execute the Deed of Apartment in case builders failed to execute the deed so that flat buyers can have exclusive right over their houses and need not depend on the promoter to transfer and mortgage the property, said the Delhi High Court. Allowing a PIL which sought a direction for enforcement of the Delhi Apartment Ownership Act, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said in case the builders of the apartments failed to execute the Deed of Apartments, the competent authority of the agencies is empowered to do so. "We are of the opinion that the dispute whether the promoter or the builder has failed in executing and registering the Deed of Apartment would be within the scope of Section 13(4) of the Act and the competent authority would be entitled to pass an order directing the promoter or builder to execute the Deed of Apartment and if the promoter or builder inspite thereof does not execute the Deed of Apartment to itself execute and register the deed on behalf of the builder. "Similarly, the disputes, if any, as to who, at present is entitled to the apartment, are also to be decided by the competent authority", the bench said. The bench was hearing the PIL seeking a direction to comply with this court's May 2010 order in which land-owning agencies were directed to appoint competent authority under the Delhi Apartment Ownership Act, registration of deeds of apartment and formation of Apartment Owners Association so that flat buyers can avail benefits under the Act. As per the PIL, now after more than two years nothing has been done due to which buyers have failed to obtain absolute ownership of the flats and also face difficulty from builders for transfer or mortgage of the property. MORE
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