New Delhi: The Supreme Court on Friday remanded back the case of the Dahisar Saraswati Cooperative Housing Society to the Bombay High Court for criminal prosecution of the builders and promoters for not registering flats in the name of its members. Directing the High Court to hear the society’s appeal expeditiously because the case is quite old (23-year-old), the Bench of Justices Abhay Manohar Sapre and Indu Malhotra dismissed its verdict on 27.07.2009 rejecting the appeal against the 2007 judgment of the Borivali metropolitan magistrate.
The Bench had reserved the judgment on Wednesday after concluding the arguments, giving one more day for written submissions by counsels. It said parties may raise all issues, including subsequent events in support of their case before the High Court.
The Borivali court had rejected the society’s claim of violation of the Maharashtra Ownership Flats Act, noting that the promoters had time and again called upon the members of the society to pay corporation taxes and maintenance charges until in 1995 when it handed over the charge of the building and the bank accounts to then secretary and chairman of the society. It had rather faulted several members of the society not paying the stamp duty to enable the respondents register agreements and take steps for conveyance.