Monday, September 15, 2014

Re: [CROMA] Fwd: Intervenor application petition filed by FedAOA in Hon. Supreme Court of India

 

Dear All,

I have sent this below text to sri Alok Kumar, FedAOA on reply to an information circulated through CROMA but no reply or explanation has been received till date.  Now the same is being repeated in this mail also.  I would like to request the concerned people to correct the terms accordingly for the public interest.

I would like to remind the section of the Apartments Act-2010, where the term "Deed  and  Declaration" is mentioned.  I have gone through the Act, it  is ,perhaps, two terms - 1. Deed of Apartment( under section 13)  and 2. Form of Declaration in Form-A( under section 12(1) read with Rules-3 of Apartment Rules-2011).

I expect that the relevant correction would be made to avoid misinterpretation by the GDA. 

Extracts from the Act:
CHAPTER V
DECLARATION OF BUILDING AND DEED OF APARTMENT
Contents of Declaration
12. (1) The declaration shall be submitted by a promoter in the office of the competent authority in respect of a building constructed after the
commencement of this Act in such form, within such period and in such manner as may be prescribed and shall contain full and true
particulars of the following, namely :- 
(a) description of the land on which the building and improvements are, or are to be located, and whether the land is
(b) description of the building stating the number of stories and basements, the number of apartments and principal materials
of which it is or is to be constructed;
(c) the number of each apartment and a statement of its location, approximate area, number of rooms and the immediate
common area to which it has access and any other data necessary for its proper identification;
(d) description of the common areas and facilities; 
(e) description of the common areas and facilities if any, stating to which apartments, their use is reserved;
(f) value of the property and of each apartment, and the percentage of undivided interest in the common areas and the facilities
appertaining to each apartment and its owner for all purposes, including voting;
(g) particulars of encumbrances, if any, on the property of apartment and its undivided interest at the date of the declaration;
(h) such other particulars as may be prescribed.
(2) The declaration referred to in sub-section (1) may be amended under such circumstances and in such manner as may be
prescribed.  
Registration of Deed of Apartment
13. No promoter or an apartment owner shall transfer or hand over the possession of any apartment constructed after the commencement of
this Act without executing an appropriate transfer deed and also getting it registered under the provisions of the Registration Act, 1908 and it
shall also be incumbent for such promoter or apartment owner to enclose a true copy of the declaration made under section 12 to such deed of transfer.

Thanks and Regard,


Shree Kant P Byahut
Gardenia Square, Crossings Republik
9818750506

Shree Kant P Byahut
Ghaziabad
 

On Sun, Sep 14, 2014 at 9:33 AM, RAJ KUMAR RAJU rajubanka@gmail.com [CrossingsRepublikOwnersAndMembersAssociation-CROMA] <CrossingsRepublikOwnersAndMembersAssociation-CROMA@yahoogroups.co.in> wrote:
 

FYI...
---------- Forwarded message ----------
From: Federation of AOA <fedaoagzb@gmail.com>
Date: Sat, Sep 13, 2014 at 4:46 PM
Subject: Intervenor application petition filed by FedAOA in Hon. Supreme Court of India
To:


Dear Friends,

Considering the delay in implementing the U.P. APARTMENT ACT 2010 and the judgement/order dated 14.11.2013, your FedAOA has filed an intervenor application petition no. 7 & 8 dated 8th Sept 2014 in the Hon'ble Supreme Court in Designarch Infra v/s V.C. GDA interallia praying for the following:

1.   STOP BOOKING OF FLAT IN U.P. BEFORE SUBMITTING FULL AND TRUE DISCLOSURE.

2.   DIS-ENTITLE BUILDERS FROM ANY ASSET INSIDE THE PROJECT IF 'REGISTERED DEED OF DECLARATION' IS NOT SUBMITTED BY 14.02.2014. 

3.   AUTHORITY TO PREPARE 'DEED OF DECLARATION' THROUGH 3RD PARTY, ARCHITECT.

4.   TO CONCLUDE MEDIATION, SEC 25 APPLICATION, DECLARATION, HANDING OVER PROJECT + IFMS TO AOA/RWA WITHIN 60 DAYS.

The petition is likely to taken up on 16th Sept, 14.

Appreciating the grounds V.C. GDA has passed an order (copy attached) to put the 'Deed of Declaration' in GDA website and get the ' Deed of Declaration' prepared through 3rd party architects on the basis of plans and survey of project, but stop short of dis-entitling the promoters from common assets in violation of H.C. Order dated 14.11.13.

We shall update you soon on other initiatives to implement the U.P. Apartment 2010 Act and 14.11.13 judgement for all societies.

Thanks for your support.

K K Singh

Secretary, FedAOA

 




--
Thanks & Regards,

Raj Kumar Raju
Crossings Republik Township
NH-24, Ghaziabad (U.P.)


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Posted by: shree kant prasad byahut <skpbyahut@gmail.com>
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