Cooperative housing society
kumarjainn
(Querist) 18 August 2011
This query is : Resolved
Sir
I am a founder member of a cooperative housing society (for allotment of plot) in Ghaziabad. The land is not yet developed. It was purchased from farmers. The area is marked for residential purposeThe society was formed with a view to provide plots to its members. Our President of the society joined hands with some builder and got resignation of 50% of the members by paying nominal amount. The membership of the rest of the 50% member was terminated by illegal grounds. Then this group of 50% of the member approached the cooperative tribunal and finally from the Lucknow bench of Allahabad High court got the membership restored. Now we are requesting the president of the society and also wrote letters to the Registrar, U.P. Avas Vikas parishad, Lucknow for allottmene tof plot. Construction of flat in the society land has started. Builder is also not interested in giving us flat. He had given option to resign from the society for some consideration. Those member who opted for this option have not yet received money. Those members who opted for flat cannot proceed to give the instalment for flat as the builder did not make the MOU. Rest of the members who are interested in plot they have not yet received the plot inspite of writing to the society and the registrar. The advocate through whom we got the restoration of the membership has suggested us that we will have to file a writ in Lucknow bench for allotment of plot from the society. But he is not filing writ and making excuses and always asking for some time. He has not refused to do the job. Perhaps he is under the direction of those people who have brought them in this case. One of them have opted for flat and the other has opted for payment. These two people wanted us to select either of one option either flat or payment. Now I would like to know;
The delay in filing writ – Is it being time barred
Whether the construction of flat in a cooperative society of plot is legal or legal. Can they build flats. No permission has been given so far from Ghaziabad development Authority (GDA) though they have applied.
Can we get ploy by filing a writ.
How to motivate our advocate to file a writ
In the society is it possible to have both plots and flats.
How and in which location (corner) of the society land the society will give us plot if the court orders as the land are not developed.
Our advocate is not filing the writ and construction of flats is going on. In the event the flats are completed and then we go to court for plot will they not say we are late in approaching the court.
Raj Kumar Makkad
(Expert) 18 August 2011
Your query is having various aspects. It is better to take services of a reputed lawyers dealing in land matters and consult with him with entire available documents and obtain his definite opinion.
prabhakar singh
(Expert) 19 August 2011
Expert : raj kumar makkad has rightly guided you.
