BENGALURU: The Federation of Karnataka Apartment Cooperative Societies (FOKACS) has raised concerns over the curtailment of apartment owners’ fundamental right to form cooperative societies, which plays a key role in ensuring land ownership rights. The federation claims the move goes against Supreme Court (SC) orders and called on the state government to uphold constitutional and legal protection.
At a press conference here on Saturday, FOKACS president Parasuraman T K said, “The fundamental right to form an FOKACS is being curtailed in Karnataka, going against SC orders and the 97th Amendment of the Constitution, which supports this under Article 19(c).”
The federation noted that while apartment buyers receive a sale deed granting rights to their unit and a share of common areas ‘Undivided Share of Land’, this only offers notional land ownership.
This has serious consequences, FOKACS Vice President Vidyadhar Durgaker elaborated, “In cases of redevelopment, road widening, or government land acquisition, apartment owners are not eligible for compensation because they don’t legally own the land, but the builder does.”
Shailesh, an apartment owner, said, “Residents pay for land and home, but without a cooperative society, we have no say in court. They lack legal ownership and dispute resolution.”