Any updates on Munirka Enclave issue?

Q: Hi, I heard there was some court case filed regarding Munirka Enclave maintenance charge issue? Do any of you know what happened exactly?

shilpa, Noida

28th March 2013

Legal in Delhi

delhi properties

maintenance charges

dda flats

court case

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Replies (6)

Most of the RWAs operate in areas developed by DDA and handed over to MCD for maintenance & care-taking. MCDs roles is primarily restricted to sanitation and road maintenance & upkeep. They provide support on horticulture, but in most cases, this is handled by RWAs themselves. Also the level of service on sanitation & road maintenance is pathetic. Similarly BSES is in charge of electricity & DJB for Water, service levels of both of which are also questionable. RWAs liaise (read: relentlessly pursue) with these agencies and in addition provide Security (Guards, CCTV, etc.), Gardening, Hygiene, in addition to organizing community welfare & social programs. Costs of all of these need to be borne by resident members (whether owners or tenants) and RWAs need to be supported by a legal framework. The Apartment Ownership Act (58) of 1986 stipulates these provisions for owners/tenants and RWAs alike. However, it is not clear whether the same has been notified & implemented by the Delhi Govt.

Sanjeev, Property Manager

16th September 2013

Comment

It was announced in the court that any RWA can have power to collect maintenance and other charges from the house owners under two conditions: the first is that the properties for which the RWA has been constituted are a part of multi-storied building complex as the erstwhile Apartment Ownership Act, 1988 provided. And the second condition is that if DDA had not handed over maintenance of the colony constructed by it to MCD for maintenance, the RWAs could collect monthly maintenance charges.

Jeet Bhaskar, Delhi

8th April 2013

Comment

RWA presidemnt complained that the resident had not been paying the maintenance charges though other residents are paying. The resident said that the RWA has no power to apply the provisions of Apartment Ownership Act, 1988 as its provisions are applicable to multi-storied buildings.

Neither the flat was situated in a multi-storied apartment complex nor it was being maintained by DDA and civic bodies for other work. The RWA also admitted that the colony was maintained by Municipal Corporation of Delhi (MCD).

Vivek Kulkarni,

8th April 2013

Comment

The court has made it clear that residents welfare associations (RWAs) managing affairs in colonies built by Delhi Development Authority have no right to impose maintenance charges from residents of those colonies.

Ravindra Singh,

8th April 2013

Comment

Hi Jeet, thanks for the update. Then what was decided in court. Was the resident asked to pay all dues?

Shilpa, Hyderabad

3rd April 2013

Comment

Hi Shilpa, the issue is that the RWA of that colony has been collecting maintenance charges from residents of the colony every month, even though the services are offered by DDA. One of the residents had not paid maintenance charges for long and therefore the RWA had filed a case.

Jeet Bhaskar, Delhi

3rd April 2013

Comment