Karnataka High Court
Sri. Pawan Verma vs State Of Karnataka on 29 November, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:43199
WP No. 18900 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 18900 OF 2022 (GM-KSR)
BETWEEN:
SRI. PAWAN VERMA
S/O LATE SRI RAM SWAROOP VERMA
AGED 47 YEARS
RESIDING AT FLAT NO.E-008
PRAKRUTHI SOLITAIRE APARTMENTS
KAMMASANDRA VILLAGE
ELECTRONIC CITY PHASE 2
ANEKAL TALUK
BENGALURU - 560 010.
...PETITIONER
(BY SRI. SAMEER SHARMA., ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA
PADMAVATHI B K REPRESENTED BY
Location: HIGH
COURT OF THE REGISTRAR DEPARTMENT OF
KARNATAKA CO-OPERATIVE SOCIETIES
NO.1, ALI ASKER ROAD
BENGALURU - 560 052.
2. DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
ZONE-3, 2ND FLOOR
SAHAKARA SOUDHA
NO.146, 8TH CROSS, 3RD MAIN ROAD
MARGOSA ROAD
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NC: 2023:KHC:43199
WP No. 18900 of 2022
MALLESHWARAM
BENGALURU - 560 003.
3. THE DISTRICT REGISTRAR
OFFICE OF THE REGISTRAR OF SOCIEITIES
ZONE 3, 2ND FLOOR
SAHAKARA SOUDHA
NO.146, 8TH CROSS
3RD MAIN ROAD
MARGOSA ROAD
MALLESHWARAM
BENGALURU - 560 003.
4. PRAKRUTHI SOLITAIRE RESIDENTS'
WELFARE ASSOCIATION
A SOCIETY REGISTERED UNDER
THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960
HAVING OFFICE AT
PRAKRUTHI SOLITAIRE APARTMENTS
KAMMASANDRA VILLAGE
ELECTRONIC CITY
PHASE 2, ANEKAL TALUK
BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT.
...RESPONDENTS
(BY SRI.KIRAN KUMAR, HCGP FOR R1 TO R3;
R4-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS FROM R-1 AND 3 RELATING TO THE
REGISTRATION OF THE R-4 UNDER THE PROVISIONS OF THE
KARNATAKA SOCIETIES REGISTRATION ACT, 1960; QUASH
THE CERTIFICATE OF REGISTRATION BEARING NO. DRB3 /
SOR / 81 / 2020-21 DTD. 23.06.2020 ISSUED BY THE R-3 IN
FAVOUR OF R-4 (ANNX-A) BY WAY OF WHICH R-4 HAS BEEN
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NC: 2023:KHC:43199
WP No. 18900 of 2022
GRANTED REGISTRATION AS A SOCIETY UNDER THE
PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION
ACT, 1960.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition calls in question the certificate of registration of respondent No.4 - Welfare Association of the apartment, in which the petitioner is residing, by which, respondent No.4 seeks maintenance from the hands of the residents of the apartments, notwithstanding the fact that the Welfare Association is registered under the Karnataka Societies Registration Act, 1960 ('the Act, 1960 for short).
2. Heard Sri Sameer Sharma, learned counsel for the petitioner and Sri Kiran Kumar, learned High Court Government Pleader for respondent Nos.1 to 3. Notice upon respondent No.4 though served, unrepresented.
3. The learned counsel appearing for the parties would accept the fact that the issue is covered by an order passed by the Division Bench, on an identical issue in W.A.No.974/2019, disposed on 06.11.2019, wherein it has held as follows:
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"4. The submission of the learned counsel appearing for the appellant is that the objects of the appellant Association will fall in the categories covered by Section 3 of the said Act of 1960. He pointed out that the dominant purpose or object of forming the said Association is to administer, maintain and run the buildings and apartments constructed by the aforesaid developer. He submitted that in fact, the appellant has been collecting maintenance charges for maintaining the residential complex from a majority of the apartment owners, barring a few of the owners of the apartments who are opposing the appellant. He submitted that there is nothing wrong with the registration of the appellant Association under the said Act of 1960 and that if the impugned order is maintained, the members who have not paid the maintenance will go scot-free. Without prejudice to his contentions, he submitted that the first to seventh respondents must co-operate for formation of the Association as contemplated by the said Act of 1972.
5. We have given careful consideration to the submissions.
6. Section 3 of the said Act of 1960 reads thus:
"3. Societies to which the Act applies.-
The following societies may be registered under this Act:--
Societies established for:--
(a) the promotion of charity;
(b) the promotion of education, science,
literature, or the fine arts;
(c) the promotion of sports;
(d) the instruction and the diffusion of
knowledge relating to commerce or
industry or of any other useful
knowledge;
(e) the diffusion of political education;
(f) the foundation or maintenance of
libraries or reading rooms for general use among the members or open to the public, or of public museums and -5- NC: 2023:KHC:43199 WP No. 18900 of 2022 galleries of painting and other works of art;
[(ff) the promotion of conservation and proper use of natural resources and scarce infrastructural facilities like land, power, water, forest and such other resources and infrastructural facilities, as may be notified by the State Government from time to time.]
(g) the collection of natural history, mechanical and philosophical inventions Or designs and Which intend to apply their profits, if any, or other income in promoting their objects and prohibit the payment of any dividend or distribution of any income or profits among their members."
Even according to the case of the appellant, the dominant object for the formation of the appellant Association is to administer, maintain and run the building and apartments. Clauses 5.1 and 5.2 are, even according to the learned counsel for the appellant, the dominant objects of the Association, and they read thus:
5.1 To administer, maintain and run the building and apartments known as VDB Celadon No.23/3, 23/4, 26/1, Shivanahalli Hobli, Jakkur Road, Yelahanka, Bangalore -
560064.
5.2 To Carry on the Day-to-day work relating to all aspects of the building, apartments, common areas, common facilities and common services therein;
7. On a plain reading of Section 3 of the said Act of 1960, it is clear that the object of administering, maintaining and running the buildings and apartments and to carry on the day-to-day work relating to all the aspects of the buildings/apartments, common areas and common facilities will not be covered by any of the clauses (a) to (g) of Section 3 of the said Act of 1960. Even according to the case of the appellant, Clauses 5.1 and 5.2 are its dominant objects. In fact, on the earlier date, we had granted time to the appellant to take instructions whether it proposes to apply for deletion of certain objects which are a part of the bye-laws of the appellant Association.
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8. Today, the learned counsel appearing for the appellant, on instructions, states that if the said two objects are deleted, the registration of the appellant under the said Act of 1960 cannot be maintained.
9. Thus, the main object of the appellant was to do something which could have been done by an Association formed in accordance with the provisions of the said Act of 1972. In fact, the documents of sale executed by the developer in respect of the flat/apartment contain a stipulation that the purchasers of the flats shall form an Association / Society / Condominium in accordance with the provisions of the said Act of 1972. That is how the learned Single Judge by modifying the impugned order dated 15th February, 2019, has clarified that steps can be taken to register the appellant Association under the provisions of the said Act of 1972.
10. Thus, after having perused the dominant objects of the appellant Association, we find that the said objects are not covered by Section 3 of the said Act of 1960, and therefore, the appellant could not have been registered under the said Act. We find no error in the view taken by the learned Single Judge when he had proceeded to cancel registration of the appellant.
11. As observed by the learned Single Judge, the impugned order as well as this order will not prevent the persons who are members of the appellant Association from taking steps for formation and registration of an Association/Condominium under the provisions of the said Act of 1972 inasmuch as the sale deeds executed in favour of the apartment owners contemplate formation of such Association.
12. Subject to what is observed above, the writ appeals are dismissed. All pending applications do not survive for consideration and are accordingly disposed of."
In the light of the order passed by the Division Bench (supra), the collection of the maintenance or in any other mode of such collections by the Welfare Association would run counter to the judgment of the Division Bench. Therefore, reserving liberty to respondent No.4 - Welfare Association to -7- NC: 2023:KHC:43199 WP No. 18900 of 2022 seek registration under the Karnataka Apartments Ownership Act of 1972 ('the Act, 1972' for short) as held by the Division Bench, this petition stands disposed.
4. In the light of respondent No.4 - Welfare Association registered under the Act, 1960, way back in the year 2016 and payment being made by the residents of the apartment complex to the Welfare Associations, I deem it appropriate to direct the Welfare Associations to register under the Act, 1972, within two months from today.
5. In the event, respondent No.4 - Welfare Association fail to register under the Act, 1972, any amount that it would collect, would be unauthorised.
6. On the aforesaid observations, the petition stand disposed.
Ordered accordingly.
Sd/-
JUDGE NVJ List No.: 1 Sl No.: 95