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Action against previous management committee of society

(Querist) 29 June 2016 This query is : Resolved 
If old committee has done irregularities and not taken any action against the member including MC member for complaint of illegal activity, can the new committee take action on the same. if yes under which rule same can be done.
R.K Nanda (Expert) 29 June 2016
Check bye laws of society for it.
Rajendra K Goyal (Expert) 29 June 2016
If the committee feel action is / was required against some member for irregularity it can initiate till debarred by bye laws.
Sudhir Kumar, Advocate (Expert) 29 June 2016
state facts of the case.
SANTTHOSH SHETTY (Querist) 30 June 2016
Dear sir

Fact is old committee is allowed ols members to construct chajja area illegally and allowed builder to build shop in place of parking area. we have all the proof for the same. we are the new members who purchased flats in newly redeveloped building. if tomorrow new committee get charge, can they take any action. we as new flat purchaser have already send letters to them which they have not actioned.

Kindly suggest
Guest (Expert) 30 June 2016
If you can proove the activities illegal, you can take any action against them. But question arises, on what basis you have declared the chhajjas and shop illegal? Are you sure they don't have approval for modification from original bulding plan from the local authorities or have done the activities without passing the resolution with majority vote of the members?

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
SANTTHOSH SHETTY (Querist) 30 June 2016
dear sir

yes we have the proof of approved plan in which chajja extention not approved and additional shop is built post obtaining oc and same is not showing in bmc approved plan.even they not passed any resolutions for the same for altering.they should have called for special general body meeting.
what action can be taken and under which rule same can be done?. pls guide.
Guest (Expert) 30 June 2016
In that case, my views are already there before you.
SANTTHOSH SHETTY (Querist) 30 June 2016
than you very much
Guest (Expert) 30 June 2016
You are welcome.
Sudhir Kumar, Advocate (Expert) 30 June 2016
doe sit not appear that you have walked into a nuisance by purchasing flat in this society.
SANTTHOSH SHETTY (Querist) 30 June 2016
Dear Sir

you are true. all these happened post obtaining oc and earlier we were been told that building is getting all the necessary things done. now builder is backing.
Siddharth Dev (Expert) 01 July 2016
Agreed with R.K Nanda, well your score is more than average;

Thank You;
www.satron19.com
SANTTHOSH SHETTY (Querist) 05 July 2016
Fact is old committee is allowed ols members to construct chajja area illegally and allowed builder to build shop in place of parking area. we have all the proof for the same. we are the new members who purchased flats in newly redeveloped building. if tomorrow new committee get charge, can they take any action. we as new flat purchaser have already send letters to them which they have not actioned.

in the above before the expiry of their term as MC member, can they pass any resolution or give permission to show that they have taken permission from the society for the above extension and building shop in place of paring area.
does society has the authority to issue noc for structural changes in individual flat.??
Siddharth Dev (Expert) 05 July 2016
Sir/ Madam.

I suggest;
You can challenge it either in an injunction suit or writ petition in High Court.
Siddharth Dev (Expert) 05 July 2016
Further I would like to add there are bye-laws of local authorities i.e. Municipal you can look into that to which local authority you belong.
SANTTHOSH SHETTY (Querist) 05 July 2016
dear sir

my question is can they pass such resolution or not and can the society issue such noc for alteration of structural changes in flat.

pls suggest.
Siddharth Dev (Expert) 06 July 2016
I suggest either consult with an advocate or read yourself bye laws and what does Municipal Laws says regarding your problem. Further I'd like to add Municipal Laws have overriding effect on bye laws so I think you can find that law or you can mention 'Wrong' taken place.
SANTTHOSH SHETTY (Querist) 07 July 2016
thank you very much for your valuable advice
Siddharth Dev (Expert) 08 July 2016
Thanks for feedback
Good Luck
Hemant Agarwal (Expert) 24 December 2016
1. Criminal Prosecution can be initiated by any member of Society against the persons & MC members who "construct chajja area illegally and allowed builder to build shop in place of parking area".

2. This can done u/s 381 r/w 471 of the MMC Act, before the local Magistrates Court.

3. The Society bye-laws are infructuous and ineffective in such matters.

4. Society MC has no legal authority /jurisdiction to issue permission or NOC or whatever, in such matters.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

SANTTHOSH SHETTY (Querist) 24 December 2016
Thank you so much sir
Rajendra K Goyal (Expert) 24 December 2016
May proceed as advised by the expert Hemant Agarwal.


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