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MR. PRAVEEN PRAKASH v. THE STATE OF KARNATAKA
Factual and Procedural Background
The petitioners are owners of apartments in the VDB CELADON Residential Complex, developed by M/s Value Designbuild Private Limited. They filed a civil suit (O.S.No.7911/2015) against the builder seeking temporary and permanent injunctions. During the pendency of this suit, the VDB Celadon Apartment Owners Association (respondent No.4) applied for and was granted registration by the Registrar of Societies (respondent No.3) under the Karnataka Societies Registration Act, 1960. The petitioners challenged this registration by filing writ petitions seeking a writ of certiorari to quash the registration, contending that the association should have been registered under the Karnataka Apartment Ownership Act, 1972.
Legal Issues Presented
- Whether the registration of the VDB Celadon Apartment Owners Association under the Karnataka Societies Registration Act, 1960 was valid.
- Whether the association ought to have been registered under the Karnataka Apartment Ownership Act, 1972, a specific enactment applicable to apartment owners associations.
- The jurisdiction and authority of the Registrar of Societies in registering such an association under the Societies Act instead of the Apartment Ownership Act.
Arguments of the Parties
Petitioners' Arguments
- The impugned registration order was issued without jurisdiction.
- The Apartment Owners Association should have been registered under the Karnataka Apartment Ownership Act, 1972, which specifically governs such associations.
- Respondent No.3 (Registrar of Societies) had no authority to register the association under the Karnataka Societies Registration Act, 1960.
Respondent's Arguments
- Learned Additional Government Advocate was unable to point out any provision allowing registration of the association under the Societies Act.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court noted that the association in question is an owners association of apartments and that the Karnataka Apartment Ownership Act, 1972 is a specific enactment designed to govern such associations. It emphasized the legal principle that a specific statute overrides a general statute. Given this, the court held that the registration should have been under the Karnataka Apartment Ownership Act, 1972 rather than the more general Karnataka Societies Registration Act, 1960. The court found the impugned registration order to be without jurisdiction and thus liable to be quashed. The court also clarified a subsequent correction to the order, replacing references to the Societies Act with the Apartment Ownership Act and correcting the date of the impugned order.
Holding and Implications
The court quashed and set aside the impugned registration order dated 17.12.2016. It granted liberty to the respondent association to seek registration under the Karnataka Apartment Ownership Act, 1972. The writ petitions were accordingly disposed of. This decision directly affects the parties by invalidating the registration under the Societies Act and directing adherence to the specific Apartment Ownership Act. No new precedent was established beyond the application of the principle that specific legislation prevails over general legislation in this context.
Sri.G.Surya Narayan, learned counsel for J.Aravind Babu leaned counsel for the petitioners. Sri.Y.D.Harsha, learned counsel for the respondent. Nos. 1 to 3.
2. The writ petitions are admitted for hearing. With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia have sought for a writ of certiorari for quashment of the registration granted by respondent No.3 i.e., the Registrar of Societies, respondent No.4 i.e., VDB CELADON, Apartment Owners Association.
4. Facts giving rise to filing of the petitions briefly stated are that the petitioners are the owners of Apartment in VDB CELADON, Residential Complex situate in Yelahanka Hobli , Bangalore which have been developed by M/s Value Designbuild Private Limited, a Company incorporated under the Companies Act,1956. The petitioners have filed a suit viz., O.S.No.7911/2015 before the Trial Court against the builder cum developer praying for temporary and permanent injunction. In the aforesaid civil suit, respondent No.4 as impleaded as a necessary party by order dated 16.02.2017. It appears, during the pendency of the suit, the VDB Celadon, Apartment Owners Association submitted the documents with the Registrar of Societies or registration under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as Societies Act for short). On the basis of the aforesaid application by the impugned order the aforesaid association has been registered under the provisions of the said Act. In the aforesaid factual background the petitioners has approached this Court.
5. Learned counsel for the petitioners submitted that the impugned order is perceived without jurisdiction as the Association ought to have registered under the Provisions of Karnataka Apartment Ownership Act, 1972 (herein after referred to as the Act for short) and respondent No.3 has no authority to register the respondent No.4 under the provision of the Societies Act. Learned Additional Government Advocate was unable to point out any provisions under which the aforesaid association can be registered under the Societies Act.
6. I have considered the submissions made by learned counsel for the parties. Since, respondent No.4 is a Association of the owners of flat situate in a apartment for which a specific enactment viz., Karnataka Apartment Ownership Act, 1972 Has been enacted. Therefore, the Registration of the Association if any has to be made under Section 3 of the Karnataka Societies Act. It is well settled in law that a specific provision of law will always override the general provisions of law. Since the specific provisions as made by the registrar. Therefore, respondent No.4 assertion ought to have registered under Karnataka Apartment Ownership Act,1972.
7. In the result, the impugned order dated 17.12.2016 is hereby quashed and set aside with a liberty to respondent No.4 to take action under Section
3 of the Karnataka Societies Registration Act,1960. Accordingly, these writ petitions are disposed of. Sd/- JUDGE W.P.No.34660/2017 (GM-KSR) And W.P.Nos.35719-35724/2017 AAJ: 27.02.2019 ORDER ON FOR BEING SPOKEN TO Heard learned counsel for the parties. After hearing the learned counsel for the parties, it is directed that in line 7 of paragraph No.6 of the order dated 15.2.2019, the words Section 3 may be deleted, and instead of words Karnataka Societies Act, the words Karnataka Apartment Ownership Act, 1972 shall be read. Similarly in paragraph No.7, the date of the order shall be read as 17.12.2015 instead of 17.12.2016 and in the last line of same paragraph, the words Karnataka Societies Registration Act, 1960 shall be read as Karnataka Apartment Ownership Act, 1972. This order shall be read in conjunction with the order dated 15.2.2019 passed in the aforesaid writ petitions. Sd/- JUDGE
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