The Hindu : New Delhi News : Residents seek implementation of Delhi Apartment Ownership Act

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Friday, Dec 15, 2006
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Residents seek implementation of Delhi Apartment Ownership Act

Gaurav Vivek Bhatnagar

Front writes to the President and the Prime Minister

NEW DELHI: Expressing their resentment at some bureaucrats deliberately choosing to downplay the enactment of the Delhi Apartment Ownership Act, 1986, a number of residents of the Capital under the banner of Delhi Residents' Front have written to President A.P.J. Abdul Kalam and Prime Minister Manmohan Singh to ensure implementation of the Act that seeks to empower all apartment owners -- including general power of attorney holders -- by giving them equal residential and voting rights.

Stating that such laws made by Parliament are to be enforced and not kept in abeyance, the Front has demanded that all confusion over the issue be cleared. Front president Sanjiv Kumar said on Thursday that it was ironical that while the Delhi Development Authority had in the brochure of its Housing Scheme 2006 stated that the provisions of the Act were applicable in Delhi and would apply to the properties being offered for allotment, no effort had been made to ensure implementation of the Act.

"Union Minister of State for Urban Development Ajay Maken had also appreciated our point of view and the Delhi High Court has also issued a decision in favour of the Delhi Apartment Ownership Act, 1986, in the matter of M/s Bhushan Steel and Strips and Sagar Apartments. So we want the Government to come clear on the issue that affects the lives of lakhs of residents who own apartment but do not have voting rights since they are general power of attorney holders,'' he said.

The Front has taken umbrage at the response received from the Union Urban Development Ministry and DDA officials on the issue. It said in response to a query by S.S. Arora of Naveentam CGHS, Sector 9, Rohini, DDA's B.S. Jaglan who is Officer on Special Duty (Residential Land) had in his letter in May 2006 responded: "To the best of our knowledge, The Delhi Apartment Ownership Act, 1986, has not yet been implemented.

The issue regarding the implementation of the Act is under examination. Further clarification in this issue can be had from Ministry of Urban Development, Government of India''.

Deputy Secretary (Urban Ceiling Unit) in the Ministry Sunita H. Khurana had in her letter dated July 13, 2006, in response to a resident, K.C. Khurana, has written: "Although the Lieutenant-Governor of Delhi had appointed December 1, 1987, as the date of bringing

The Delhi Apartment Ownership Act 1986 in to force, but on account of objection received from various quarters including the Delhi Administration pointing out that some of the provisions were inadequate and ineffective, the Act has not been enforced.''

The Front has expressed its shock and anguish at such responses. It said the Act was cleared by Parliament and the President and notified on December 23, 1986, vide the Gazette of India Part II Section I of date.

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