I C Naik
When will the Law makers start asking Executive ”Why the laws made by them are not enforced?”
As reported, Mr Ramesh Prabhu, Chairman, Maharashtra Society Welfare Association, expressed happiness, on the news that Coop hsg societies get time till December-end for deemed conveyance.
He said: “It is a good move and will inspire housing society members to shrug off apathy and convey property in their name. This will help when they want to redevelop the building. But the government has to simplify the process to issue DC.’’
It is understandable that the housing societies’ managements are not aware that according to provisions of the Maharashtra Ownership Flats Act (Mofa), 1963, the promoter (builder/developer) has to convey the land and building within four months of formation to the society or any legal body of flat purchasers. Under Section 11 of the Act, the conveyance of land is the right of the cooperative housing society and the duty of the developer to be executed within four months from date of registration. But the State government did not consider it as it’s responsibility to see that the promoters who did not conveyed land or buildings to legal bodies are punished. Legislature made a law. Who is to see that it is enforced?
The Maharashtra government has happily discovered a via media to circumvent its responsibility of punishing the guilty for breach of provisions of MOFA, namely the deemed conveyance as if it was obliging the housing societies. Now by extending the great facility a very rare opportunity till December-end a further bonanza !!! The Government does not see it as its responsibility to find out what was the cause of the apathy from housing societies, the primary stakeholders and numerous government approvals?
And lastly why not set in motion a drive to ensure conveyance of all cooperative housing societies assigning responsibility to one empowered person may be at Cabinet Minister level with in a dead line?
1. Almost a year ago the Chief minister Prithviraj Chavan had flagged off the drive.
2. Societies which have completed four months since formation can apply for DC.
3. The government has decided to set up a DC court under the district collector’s chairmanship to address difficulties faced by societies.
The latest reports present a dismal progress of the special drive of deemed conveyance:
Housing societies in Mumbai- 23,496
Societies applied for conveyance deed – 903
Issued conveyance instrument before special drive – 549
Societies given conveyance in 2013 – 380
When will the law makers start asking the executive as to why laws are not enforced? Or the Law makers have all forgotten long back that the Executive is answerable to them? It wields so much power that Assembly did not matter in the end with party politics being what it is with a power to issue whip to vote as the Executive directs. http://epaper.timesofindia.com/Default/Layout/Images/TOINEW/Elements/empty.gif