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PRESENT SCENARIO OF REGISTRATION OF OWNERSHIP DEED FOR CGEWHO’s NOIDA PROJECT(s) KENDRIYA VIHAR-I (sector-51) & KENDRIYA VIHAR-II (sector-82)
v CGEWHO has taken up two housing scheme(s) in Noida on the land allotted by Noida Authority on leasehold basis. The lease deed of land of Kendriya Vihar-I (sector-51) & Kendriya Vihar-II (sector-82) were registered on 11/09/2000 and 24/11/2000 respectively.
v CGEWHO started the registration of ownership deed of beneficiaries of Kendriya Vihar-I (sector-51) in 2001 by executing a tripartite sub-lease deed between NOIDA (as lessor), CGEWHO (as lessee) & Beneficiary(as sub-lessee). Few beneficiaries of Kendriya Vihar-II filed a writ petition with Hon’ble Allahabad High Court challenging the execution of sub-lease deed including :
Rail Vihar Kalyan Samiti Limited, Writ no.13560/2003
Air Commodore S K Misra, Writ no.30637/1999
Swarna Jayanti Rail Nagar Flat Owners Association, Writ no.12317/2003
Jeevan Ashray Cooerative Housing Society, Writ no.13814/2003
Army Wel. Hsg. Org. Flats Owners Welfare Sanstha-Noida, Writ no.18723/2000
Shri R K Pandey & 171 other members of CGEWHO, Writ no.19095/2003
Jal Vayu Vihar Resident Welfare Group Sanstha, Writ no.9711/2000
Kendriya Vihar Residents Welfare Association. Writ no.2881/2003
v CGEWHO was about to commence the registration process of ownership deed of Kendriya Vihar-II (sector-82) of 980 beneficiaries after getting the clearance from the Development Authority i.e. NOIDA. Meanwhile, Hon’ble Allahabad High Court has given its ORDER on 14/10/2004 and ruled that ‘the execution of tripartite sub lease deed with Noida, Societies and its members is wholly arbitrary, illegal, fictitious and involuntary under the Transfer of Property Act & Indian Contract Act’ and further directed Asst. Commissioner (Stamps), Noida to execute and register a bipartite deed at nil consideration.
v CGEWHO immediately wrote two letters to AC(stamps), Shri Goel (0120-2782526-Office, 9868245552-Mobile) requesting for reply of three queries, reply of which are still awaited. The Qs are given as under :
1. Whether the Bi-partite deed(s) will now be registered with the Sub-Registrar-II (for 51 sector) and Sub-Registrar-III (for 82 sector) with NIL sale consideration with NIL stamp duty?
2. What is the procedure to get the 100% refund of Stamps by the members who had bought the Stamp papers and were in the process of executing the said tripartite sub-lease deed?
3. How to get refund for the allottee(s)/member(s) who have already paid stamp duty/registration charges and executed the tripartite sub-lease deed for Kendriya Vihar-I prior to the above stated ORDER of the Hon’ble Allahabad High Court and the validity of the tripartite sub-lease deed?
v Besides, we are in correspondence with Noida and expressed urgency while seeking their guidance on the issue. Noida has already moved to the Hon’ble Supreme Court and issued a letter No.2166 dated 16/02/2005, copy of which can be viewed by clicking here.
v CGEWHO being a welfare organization of Govt. of India under M/o UE&PA, is playing a role of facilitator (collect information about the procedures, formalities and tentative financial implications from the respective department(s) of the State Govt. and inform the beneficiaries as a guidance) in the process of registration of ownership deed since our beneficiaries are mostly are Central Government Employees serving all over India.
v The registration of immovable property is a state subject as per the constitution of India. The stamp duty & registration charges are the revenue of concerned state.
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