[Kerala Apartment Ownership Act 1983] High-Level Committee Constituted To Recommend Modifications Based On Stakeholder Inputs: Govt Tells High Court

The High-Level Committee was constituted by the government for the identification and rectification of discrepancies between the Kerala Apartment Ownership Act, 1983, and the Real Estate Regulatory Authority Act, 2016. It shall also deliberate as to whether the Kerala Apartment Ownership Act, 1983 has to be made mandatory or not.

Justice Devan Ramachandran stated that the Committee after deliberations shall submit a final report with their recommendations before the government within three months from February 22, 2024. It also stated that on receiving the recommendations, the government shall take a final decision on it without delay.

“The Government, on receiving the recommendations from the Committee, will consider the same and take a final decision, including as to the amendment to be carried out with respect to the relevant legislations, or to any modifications/requirements to be brought in, leading to appropriate action being completed on it, as expeditiously as is possible, but not later than three months thereafter. In the event any amendment is found warranted, action for same shall be completed; for which purpose, an additional two months is hereby granted”, stated the Court.

The petitioners are flat owners who have approached the Court seeking to make a registration under the Kerala Apartment Ownership Act, 1983 compulsory for all apartment complexes. Other petitioners have opposed the registration of apartments under the Act. Some of the petitioners claim that unless the Act was made mandatory, they would not compelled to sign declarations or their apartments brought under its ambit without their juncture.

As of now, the provisions of the Act have not been made mandatory, which is seen from Section 2 of the Act that reads thus:

“2. Application of the Act. - This Act applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and registering a declaration as hereinafter provided: Provided that no property shall be submitted to the provisions of this Act, unless it is mainly used, or proposed to be used, for residential purposes.”

Government Pleader Rajeev Jyothish George submitted before the Court that the Convener of the High Level Committee is the Secretary of the Real Estate Regulatory Authority (RERA) and they were scheduled to meet on February 22, 2024. The Court was also informed that petitioners and other citizens can approach the Committee with their recommendations in connection with the Act being made mandatory and to point out other discrepancies in connection with the Act.

The Court thus noted that the issues falling under the writ petitions were under the consideration of the state government and that they have also set up a High-Level Committee inviting suggestions from all stakeholders.

“The question whether the Apartment Ownership Act, 1983, is mandatory, or to be deemed to be mandatory; and whether, as per its present tenor, registrations can be allowed without the junction of all the owners of apartments, are issues which certainly will have to be considered by the Committee, taking note of the rival and dialectical versions to be placed by them before the various stakeholders”, stated the Court.

Accordingly, the writ petition was disposed of.

Counsel for Petitioners: Advocates Jacob Mathew Manalil, S.Vinod Bhat, Anagha Lakshmy Raman, Greeshma Chandrika.R, K.Latha, M.Uma Devi, A K Haridas, Johnson Gomez, S.Biju (Kizhakkanela), Sanjay Johnson, John Gomez, Sreedevi S., Enlin Mary Rodrigus, Mohamed Sheharan, Dinoop P.D., Sanjith Johnson

Citation: 2024 LiveLaw (Ker) 112

Case title: V K Sankarankutty v State of Kerala & Connected Cases

Case number: WP(C) Nos.34824/2014, 9317/2021, 18667/2022, 20630/2021, 21317/2021

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