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Co op housing society not doing work

(Querist) 31 March 2019 This query is : Resolved 
A regd. co op housing soc.aquired land and allot plots to its members with development expanse in 1987.
But till date soc.did not complete basic development work like Road drainage light water and garden.
Due to this irregularities of soc.,many members sold their plots. Few of them are still holding plots in hope that soc.will complete the work and we will construct a house .
Now Soc.chairman giving excuses that land matter is rise over soc.land and matter is subjudice so right now we can't do anything. Nighter give NoC nor development work will done.
Now pl let us know :
1 . municipal corporation says we didn't get our part of development charges so we can't give permission to construct house.
2 . What can be done in this regard to get permission to construct house ?
3. After so many years of waiting ,if first allottee sold his plot ,can 2nd owner have same rights or its consider as allotment cancelled of first member (as soc saying) because he didn't take permission from soc. to sell the plot. Can Soc do this or 2nd owner has same rights?
Kishor Mehta (Expert) 01 April 2019
It depends on the status of ownership of the plot of land, whether the Society has purchased and is the absolute owner or the Society has acquired the plot on a lease, if so what are the terms, conditions and covenants of the lease? What are the applicable rules and Bye-laws of your State governing Co-operative Housing Societies?
Dr J C Vashista (Expert) 01 April 2019
When the case is subjudiced, the parties must have engaged able, competent and intelligent lawyer(s) what is their advise?
What is case(s) pending, where is same pending, who have filed and what is the stage of the case?
What action has been taken by members when Society failed to develop the plot(s) since 1987?
Unconvincing and unbelievable statement.
If there is some truth in the statement, show the documents to a local prudent lawyer for guidance and proceeding.


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