Thursday, March 20, 2014

LCI 97th Amendment of the Indian Constitution (SERIAL No. 1)

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The terms of appointment vary from one sectoral regulator to another. Now, there’s a Bill that takes such issues head-on »


LAW vs Case Law on 'FLATS' (MOFA)

By : vswaminathan on 28 February 2014


The learned law expert's comment is regretfully too brief/left incomplete to expectantly provoke the rest, including the brother experts, to find time and mind, or inducement /initiative  to devote any further thoughts as desired. 

Be that as it could not have been normally expected to happen otherwise, to share a few quick thoughts of self:

1.       Ref.”Builder is out...” – in what sense, is not readily or fully understood.

Art 19(1)(c) has, of course, come to be viewed , at least in limited quarters, as a positive step and in a right direction. Be that as it may, to one's understanding, at best, what has been sought to be achieved is to uplift the "right to form a co-operative"  housing society , for flats/apartments, hitherto a 'statutory' right, to a more honorable 'fundamental' right,-commonly looked upon as having its own glory.

Nonetheless, not to forget that, 'forming' (having in place) a co-operative society is just one of/ in the bundle of rights, attached to the property of the special species; not all of them. That means,- it is not to be expected to provide a lasting solution in respect of  several other rights, as conferred in the state enactment (s) ,

Further, before commending / falling in love to it headlong or blindly, one is obliged to remind self and keep in focus these:
- the other  directly related but vexing constitutional amendment, the 44th, briefly referred to in the write-up itself, and its inherent , explicit or otherwise, implications; and

the fact that, except Maharashtra (Flats), no other state, including Karnataka (Apartments),has been dragging its feet, and no step been taken to implement and effect the 97th Amendment as required at the State level.

2.  As indicated   in the ‘Tail Piece’, for having the problems galore resolved, especially in one go,  legal  recourse to the apex court  is seemingly  inevitable; rather the only way sighted and to be kept in vision.  The 97th Amendment , as one honestly imagines,  might prove handy and  greatly help in invoking its writ jurisdiction, to the end of accomplishing a lasting solution, also in respect of all the  other inseparably twined / connected rights,  in relation to the particular right singularly governed by the said amendment.

(Left open to be added, amplified, so on , as found fit, by the enlightened law experts , in practice hence suitably equipped)

A DEFINITIVE Source of profoundly Fruitful and Purposeful Inspiration,ONE MORE of its kind, is- THIS ?!

HC bans reclamation and constructions on wetlands all over Maharashtra

<....... directions from the high court while hearing a public interest litigation (PIL) filed by NGO Vanashakti.>>>>

$ For Activists & Non- Activists Alike; ALSO besides the extant , WLD-BE/Expectant - RWAs  ; urged to no longer wait but make a single minded, altruistic  move FORWARD >>>>>NOT<<<<<


High time, Called For  Is Group /Class Action, ONLY ;  Not ANYMORE  Individual / individualistic 'Action', ANY LONGER; for, that might prove suicidal / eventual disaster to ONE AND ALL; that is,  *the whole community of owners/occupiers of, -co-purchased, -occupied. and/ or desired-to-be co-owned- property (Flats/Apartments) ! For an appreciation , in proper light, a plethora of posts of varying types  in public domain, besides the related Blogs herein, are expected to be, mindfully looked into by everyone concerned, including advising professionals and in field practice, for useful clues. The suggestion is to stress that, unless a concerted effort is made and unanimously decided to cry a halt to pursuing the problems as per the whims and fancies of each aggrieved individual, -even if following own lawyer's advice, it could lead to a further messing up,and dragging all the rest unwittingly or otherwise, into an abysmal quagmire.

Info., and points made in the Blogs @swamilook on inter alia the 2 Topics- Final Conveyance and "Deemed Conveyance", also on "continuing cause of action" , are essentially of relevance; and require to be taken into account for the purpose of structuring the pleas/prayers to be covered. 

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