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1.WP.9179.2022.doc apartments registered under the Apartment Act. A Deed of Declaration dated 29.07.2011 was executed and registered subjecting the property to the provisions of the Apartment Act and also a Supplementary Deed of Declaration dated 31.05.2017 was executed and registered for additional construction. Deed of Apartment has been executed in consonance with the Deed of Declaration with each apartment owner. 2.2. According to Petitioners, in the condominium as per the resolutions passed by the General Body, maintenance charges were charged equally to all apartment owners irrespective of the area of their flat or their undivided share and only the contribution towards the sinking fund varied as per the undivided share or area of the flat. 2.3. On 11.11.2020, Respondent No.1 to 5 who are also apartment owners in the said condominium filed complaint with the Respondent No.10 - Deputy Registrar of Co-operative Societies alleging that the maintenance charges levied by the condominium are in violation of Section 10 of the Apartment Act. Thereafter Respondent No.10 issued notice to the Chairman and Secretary of the condominium who filed their reply dated 28.12.2020. 2.4. On 08.07.2021, Respondent No.10 - Deputy Registrar of Co-

6. In the present case, rights of the parties clearly stand governed by the Deed of Declaration dated 29.07.2011. The Society is registered as condominium of 11 buildings comprising 356 apartments under the Apartment Act. Apartments are of 3BHK, 4BHK and 2BHK areas, some with garden also. Copy of the registered Deed of Declaration dated 29.07.2011 is appended at Exhibit 'E' - page No.150 of the Petition. There is a Supplementary Deed of Declaration dated 31.05.2017 which applies in respect of the additional construction. It is in consonance with this Deed of Declaration that Agreement with individual apartment holders have been entered into and executed with each of the apartment owners and therefore they are bound by the clauses contained in the Apartment Act with the Deed of Declaration. Clause 7 of the Deed of Declaration dated 29.07.2011 reads thus:-

9. From a conjoint reading of the aforesaid covenant in the Deed of Declaration and the statutory provisions, it is prima facie seen that the Deed of Declaration provides income and common expenses based on the side of their respective purchased apartment. Section 6(1) of the Apartment Act prima facie provides for a basis and computation of interest in the common areas and facilities of each apartment owner and it categorically states that each apartment owner shall be entitled to an interest in the common area and facilities for the percentage expressed in the Declaration (emphasis supplied). Thus it also states that such percentage shall be computed by taking as a basis of the value of the apartment in relation to the value of the total property. Section 6 of the Apartment Act further categorically provides that the percentage of undivided interest of each apartment owner in the common area and facilities as expressed in the Declaration (which is the Deed of Declaration herein) shall have a permanent character and the percentage of common undivided interest in the common area and facilities shall not be separated from the apartment to which it appertains.

1.WP.9179.2022.doc charges proportionately.

13. It is seen that in the Annual General Meeting of the condominium held on 31.07.2022 pursuant to the order passed by the learned Co-operative Court, the condominium has issued maintenance bills on the basis of the percentage share of each apartment owner with respect to the common area and facilities thereby giving effect to the impugned order. The Deed of Declaration being a registered instrument needs to be followed in view of the statutory provisions of the Apartment Act applicable to the condominium apartment purchasers. What is stated in the Deed of Declaration if not agreeable to the Members of the condominium can only be altered and modified by way of another registered instrument.