The Karnataka High Court has ordered issue of notice to the State government on a PIL petition seeking direction to stop registration of Deed of Declaration with or without bylaws for apartments without amending the relevant laws.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum passed the order the petition filed by the Bangalore City Flat Owners’ Welfare Association.
The petitioner has contended that the procedure followed at present is not the one recognised under the provisions of the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972, which clearly specifies method of conveying the interest and the title of the land to organisations of persons and how the promoters shall register the association of the apartment owners, etc.
Failure to amend the provisions of the Registration Act, 1908, before allowing registration of Deed of Declaration has created chaos among homebuyers, the petitioner claimed while contending that homebuyers have no remedy against collusive strategies by the government authorities, promoters/builders, and associations formed by them. The present illegal procedure has led to promoters and builders committing an unscrupulous act of mortgaging the title of land, after registering the Deed of Declaration, to secure loan from banks, the petitioner alleged.
The documents maintained in the office of the sub-register on registering the Deed of Declaration is without any authority under the Registration Act, 1908, the petitioner claimed while contending that the associations of flat owners formed by registering the Deed of Declaration with bylaws are illegal.