Punjab and Haryana HC directs GMADA to conduct RWA elections for Mohali apartment complex

The court noted that the petitioner had failed to point to any clause in the allotment letter mandating GMADA to take over the maintenance of the apartments. “We do not find any merit in this petition as no statute or instructions have been brought to our notice which mandate that the Chief Administrator, GMADA, has to maintain and manage the society in perpetuity,” the bench held in its August 1 order.

The allotments in the residential complex had been made in 2012. Maintenance was earlier being carried out by the RWA, but the association’s formation was later set aside by the sub-divisional magistrate (SDM), Mohali. The estate officer, GMADA, was then appointed as the interim administrator of the society.

The petitioner association had argued that the apartments were in a “dilapidated condition and require urgent maintenance”, and had submitted photographs to support the claim. It also sought a partial inquiry into alleged mismanagement and requested that GMADA take over the complex’s maintenance responsibilities permanently.

Appearing for the petitioner, Advocate Saurav Bhatia contended that GMADA should handle the upkeep. However, the court recorded that “learned counsel for the petitioner has not been able to point out to any of the terms and conditions of allotment letter as per which the maintenance of the apartments has to be carried out by the GMADA.”

Senior Deputy Advocate General Aftab Singh Khara appeared for the state of Punjab, while Advocate Avin Sandhu represented GMADA (respondent no. 2).

The bench made it clear that the appointment of the estate officer was only a temporary measure: “The Estate Officer has been appointed only as a stop-gap arrangement for conducting the elections to the RWA.”

Dismissing the petition, the court directed that the elections to the RWA be held within a period of one month.