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' e HIGH COURT OF DELHI
W.P.(C) 262/2013
ANITA JAIN
W.P.(C) 262/2013
ANITA JAIN
VERSUS
..... Petitioner
Through: Mr. Subhash C. Jindal, Advocate UNION OF INDIA & OTHERS ..... Respondents
Through: Mr. Subhash C. Jindal, Advocate UNION OF INDIA & OTHERS ..... Respondents
W.P.(C) 263/2013
AKJAIN
AKJAIN
VERSUS
Through: Mr. Sunil Kumar and Mr. Rajiv Ranjan
Mishra, Advocates for R-1 & 2 ..... Petitioner
Through: Mr. Subhash C. Jindal, Advocate UNION OF INDIA & OTHERS ..... Respondents
Mishra, Advocates for R-1 & 2 ..... Petitioner
Through: Mr. Subhash C. Jindal, Advocate UNION OF INDIA & OTHERS ..... Respondents
CORAM:
Through: Mr. Sunil Kumar and Mr. Rajiv Ranjan
Mishra, Advocates for R-1 & 2
HON'BLE MR. JUSTICE RAJIV SHAKDHER
16.01.2013 Issue notice to the respondents.
Mr. Kumar accepts notice on behalf of respondent nos.1 and 2.
In view of the order that I prop.ose to pass, notice at this stage, is not required to be issued by this court to respondent no.3, which is a builder.
W.P.(C) 262/2013 & 263/2013 Page 1 of3
2013:DHC:7456
•
Mr. Kumar says that the directions passed in WP (C) 7217/2012 can also be passed in the captioned writ petitions. The directions passed in WP
(C) 7217/2012 vide order dated 19.11.2012 are as follows:-
"..(i) The Association of Apartment Owners (in short the
Association) or the petitioner will compile the relevant documents concerning the apartment(s) in issue. The said documents will be filed with the competent authority within three weeks, in case the same are not already filed.
(ii) In the event, there is deficiency in the documents filed, the competent authority shall inform the Association/petitioner with regard to the deficiency.
(iii) The competent authority shall also notify the association/petitioner the pro rata charges to be paid by him for conversion and misuser.
(iv) The competent authority shall execute a separate Deed of
Apartment qua each of the apartment owner, in the event, he/she cures the deficiency adverted to and pays the pro rata charges, as demanded by the competent authority.
With the aforesaid directions, the writ petition is disposed of.
Needless to say, the aforesaid exercise will be completed as expeditiously as possible, though not later than four months from today..."
The aforesaid directions will apply mutatis mutandis to the present writ petitions as well. The writ petitions are disposed of accordingly.
Since in this case the promoter I builder is also available, the competent authority while dealing with the matter will keep in mind the directions
Mishra, Advocates for R-1 & 2
HON'BLE MR. JUSTICE RAJIV SHAKDHER
16.01.2013 Issue notice to the respondents.
Mr. Kumar accepts notice on behalf of respondent nos.1 and 2.
In view of the order that I prop.ose to pass, notice at this stage, is not required to be issued by this court to respondent no.3, which is a builder.
W.P.(C) 262/2013 & 263/2013 Page 1 of3
2013:DHC:7456
•
Mr. Kumar says that the directions passed in WP (C) 7217/2012 can also be passed in the captioned writ petitions. The directions passed in WP
(C) 7217/2012 vide order dated 19.11.2012 are as follows:-
"..(i) The Association of Apartment Owners (in short the
Association) or the petitioner will compile the relevant documents concerning the apartment(s) in issue. The said documents will be filed with the competent authority within three weeks, in case the same are not already filed.
(ii) In the event, there is deficiency in the documents filed, the competent authority shall inform the Association/petitioner with regard to the deficiency.
(iii) The competent authority shall also notify the association/petitioner the pro rata charges to be paid by him for conversion and misuser.
(iv) The competent authority shall execute a separate Deed of
Apartment qua each of the apartment owner, in the event, he/she cures the deficiency adverted to and pays the pro rata charges, as demanded by the competent authority.
With the aforesaid directions, the writ petition is disposed of.
Needless to say, the aforesaid exercise will be completed as expeditiously as possible, though not later than four months from today..."
The aforesaid directions will apply mutatis mutandis to the present writ petitions as well. The writ petitions are disposed of accordingly.
Since in this case the promoter I builder is also available, the competent authority while dealing with the matter will keep in mind the directions
W.P.(C) 262/2013 & 263/2013 Page 2 of3
,. issued by the Division Bench vide orders dated 28.05.2012 and 13.07.2012, passed in WP (C) 1959/2007 and WP (C) 8705/2011 respectively. ,/"
JANQARY 16, 2013 Yg
,. issued by the Division Bench vide orders dated 28.05.2012 and 13.07.2012, passed in WP (C) 1959/2007 and WP (C) 8705/2011 respectively. ,/"
JANQARY 16, 2013 Yg
W.P.(C) 262/2013 & 263/2013
?':\..\~ RAJIV SHAKDHER, J Page 3 of3
?':\..\~ RAJIV SHAKDHER, J Page 3 of3
JUDGMENT