The Hindu : New Delhi News : 15 lakh apartment owners suffer as officials ignore DAO Act

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15 lakh apartment owners suffer as officials ignore DAO Act

Gaurav Vivek Bhatnagar

Notification bringing the DAO Act into force was not withdrawn, states affidavit
Officials accused of posing problems for the Apartment Owners’ Associations

NEW DELHI: While in response to a query filed under the Right to Information Act, the Delhi Chief Secretary recently confirmed that the Delhi Apartment Ownership Act 1986 — that grants equal voting and ownership rights to general power of attorney holders in Cooperative Group Housing Societies — “stands implemented”, officials in the Union Ministry of Urban Development had in an affidavit recently given a vague statement on the issue in the Delhi High Court.

In an affidavit filed in the matter of Sai Apartment Owners Association versus Union of India and others, a Deputy Secretary with the Ministry had acknowledged that “The DAO Act 1986 received the assent of the President on December 23, 1986 and was published in the official gazette on the same date. The Lieutenant Governor of Delhi appointed December 1, 1987 as the date on which the Act came to force”.

The affidavit also stated that “the main purpose of the Act was to provide for one heritable and transferable ownership rights to every apartment owner; and two an association of apartment owners for the maintenance of common areas and facilities in which every apartment owner has a percentage of undivided interest.”

But then the official submitted that the Act “failed to elicit a favourable response from lease administering agencies, promoters and flat owners in apartment buildings.” The affidavit further said that “it was generally felt that the DAO Act would require a complete overhaul in order to clarify certain provisions and provide for deterrent punishment for non-observance of the obligations so as to make the Act enforceable.” It added that “the Delhi Apartment Ownership Bill 2001 was prepared and introduced in the Lok Sabha to replace the DAO Act 1986”. While this Bill is yet to be passed, the affidavit clearly states that the notification bringing the DAO Act into force was “not withdrawn”.

In view of these circumstances, Sanjiv Kumar, president of Delhi Residents Front, has charged that deliberate attempts have been made over the years by officials to scuttle the implementation of the DAO Act as this helps them draw favours from the land mafia that makes use of loopholes in the Delhi Cooperatives Societies Act 2003.

“What is shocking is that this is happening when Union Minister of State for Urban Development Ajay Maken had himself assured on July 22, 2006 that within a short span of time he would get the directions issued to the respective managements of CGHS to hand over the charge to Apartment Owners’ Associations wherever they have been formed and in due course of time it should be the trend in all the multi-storied complexes. He had also promised to provide for penalty provisions in the DAO Act,” Mr Kumar said.

Accusing the officials of posing problems for the Apartment Owners’ Associations wherever they have been formed, the Front president said in the affidavit the Ministry officials have even gone to the extent of conveying that the Act could not be brought into force practically for various anomalies felt by the officials, conveying as if the executives can sit over the wisdom of Parliament that had enacted the DAO Act.

Since the Act stands to benefit lakhs of residents , Mr Kumar said it is essential to punish the guilty officials so that nearly 15 lakh GPA holders are able to enjoy all their rights and corrupt officials and management committee members were shown the door.

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