Delhi High Court - Orders
Pushp Vihar Commercial Complex Welfare ... vs Nbcc India Limited & Ors on 31 August, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11720/2022, CM APPL. 34845/2022(Stay)
PUSHP VIHAR COMMERCIAL COMPLEX WELFARE
ASSOCIATION ..... Petitioner
Through: Mr. Jayant Mehta, Sr. Adv. with Mr.
Neeraj Matta, Mr. Abdhesh, Ms.
Kaveri, Ms. Geetanjali, Advs.
versus
NBCC INDIA LIMITED & ORS. ..... Respondent
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.
Dev Rishi, Mr. Himanshu Bhiduri,
Mr. Chandan Sinha, Mr. Debarshi
Bhadra, Advs. for R-1.
Ms. Abha Malhotra, Adv. for R2 and
3.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 31.08.2022 Having heard Mr. Mehta and Mr. Uppal, learned Senior Counsels appearing for the petitioner and National Buildings Construction Corporation Limited ["NBCC"] respectively, the Court notes that there is presently a serious dispute raised by NBCC with respect to the constitution of the petitioner Association. It has also been submitted that the Association is in fact a front which has been set up by one Rajeshwari Realty Limited which owes huge amounts of monies to the NBCC. In view of the aforesaid, let the petitioner place on the record a complete list of the apartment owners along with an authenticated list of members of the Society as may be maintained on the records of the Registrar of Societies.
The Court also takes note of the submission addressed by Mr. Mehta, learned Senior Counsel appearing for the petitioner who contends that there Signature Not Verified Digitally Signed By:NEHA Signing Date:31.08.2022 17:40:45 has been an abject failure on the part of NBCC to hand over the management and maintenance of the apartment complex to the petitioner Association in violation of the provisions made in the Delhi Apartment Ownership Act, 1986 as also the directions framed by the Division Bench of the Court in O.S. Bajpai versus The Administrator (Lt. Governor of Delhi) & Ors. [W.P.(C) No.1959 of 2007].
He further submits that not only are the apartment owners being foisted with exorbitant charges towards maintenance, their rights to seek conversion of their apartments into freehold is not being able to be achieved and attained in light of a failure on the part of the NBCC and the Land & Devolvement Office [L&DO] to discharge their mutual obligations.
In view of the aforesaid disclosures made, let Mr. Uppal file a brief affidavit setting out the entire background of the disputes which appear to have arisen. The petitioner may provide an authenticated copy of apartment owners and the list of members that may be obtained from the office of the Registrar of Societies to learned counsel representing the NBCC to enable them to submit a comprehensive affidavit.
In the meanwhile, the Court directs NBCC to ensure that the apartment complex is duly maintained and that services and amenities which are otherwise to be provided by NBCC continued and provided to all apartment owners except those who may be either in arrears or in default.
List again on 14.12.2022.
YASHWANT VARMA, J.
AUGUST 31, 2022/neha Signature Not Verified Digitally Signed By:NEHA Signing Date:31.08.2022 17:40:45