[5A. Competent Authority.-The state Government may, by
notification in the Official Gazette, appoint an officer, not below the Deputy
Registrar of Co-operative Secretive, to be the Competent Authority, for an area
to be specified in such notification and different officers may be appointed as
Competent Authority for local areas, for the purposes of exercising the powers
and performing the duties under section 5, 10 and 11 of this Act]
6. Responsibility for
payment of outgoing till property is transferred. A
Promoter shall while he is in possession, and where
he collects form persons who have taken over flat or are to take over flat some
for the payment of outgoings even thereafter, pay all outgoings (including
ground rent, municipal or other local taxes, taxes on income, water charges, electricity charges,
revenue assessment, interest on any mortgage or other 1encumbrances,
if any) until he property to the persons taking over the flat, of to the
organization of any such persons 2[
Where any promoter fail to pay, all or any of the outgoings collected by him
from the persons who have taken over the flats or are to take over flats,
before transferring the property to the
persons taking or to the organization of any such persons, the promoter shell
continue to be liable, even after the transfer of the property, to pay such
outgoing and penal charges (if any)to
the authority or person to whom they are payable and to be responsible for any
legal proceedings which may be taken therefore by such authority or person].
NOTES
Till the premises are transferred to the
occupants on record, the outgoings in respect of the premises have to be borne
by the promoter. This obligation safeguards the premises from actions likely on
defaults from the local authorities.
Interpretation of statutes- Challenge
to- Directions for registration of co-operative society-of respondent purchases
owner of flat-By Government as a revision authority under M.C.S. Act- Challenge
by promoter – developments on ground that unless 60% flat to be constructed in
3 building on land (divided into two part and only one part retained by
petitioner owner) are completed-Also that under section 10(2) of Ownership Flat
Act by submitting premises to provisions of Apartment Ownership Act
registration not be required-Held, under section 10(1) of Ownership Flats Act a
promote is under an obligation to submit an application for registration of
society upon minimum number of flat owners required for registration have taken
up flats. Sub-section (2) of section 10 of Ownership Flats Act envisages that a
promoter is entitled to submit property to provisions of section 2 of Apartment
Ownership Act by giving declaration under section 11 of side Act that sole
owner or owners of all flat agree that property will for all purposes be
heritable and transferable within meaning of any law for time being in force. Provisions of section 10(1) of Act must be read in cortex with section 4(1-A)
of Ownership Flats Act under which a promoter is required to disclose all
particulars of organization to be constituted and persons who have take or are
take flat and accordingly take all steps under section 10(1) of Act for
society. Where he fails to fulfill this statutory obligation, it will be
unlawful on his part to defeat compliance with section 10(1) by opposing
application for registration or obviate it by submitting a declaration under
section 11 of Act of 1970 were to be resorted to, he should have disclosed it
under 4(1-A) of Act of 1963 to all intending purchasers to put them in notice of
it In instant case agreement to provide that society of will be registered
under M.C.S. Act. Provides that if number of member is 10 can be registered.
Even so 27 out of 34 in
building meet requirement of 60% stipulated under Government policy cannot
override statutory of 10 members. Individual agreement with purchasers provides
that different societies will be registered. Therefore, other defence that
essential amenities of three buildings cannot be divided is not tenable because
separate societies can be roistered and conveyance can be made either to
individual societies or to a confederation of societies as stipulated in
agreement.
Petition dismissed with costs of Rs.10, 000 payable to State of Maharashtra and 5th respondent. Padmavati Construction Co. &ors. V/s Stats of Maharashtra &anr 2007(1) Bom. C.R. 609; 2007(1) All M.R.
Petition dismissed with costs of Rs.10, 000 payable to State of Maharashtra and 5th respondent. Padmavati Construction Co. &ors. V/s Stats of Maharashtra &anr 2007(1) Bom. C.R. 609; 2007(1) All M.R.
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