Societies Act

Manish Singh (Querist) 07 March 2009 This query is : Resolved
Dear Members, please throw some light on it.
Can there exist more than one housing society in a same resident area/locality?
If a society is in existence for, say 50 flats, thn can members do away with the first memberhip and form another society.
the matter is under the Societies Registration Act.

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H. S. Thukral (Expert) 07 March 2009
Does your query relates to Delhi Co-operative Rules ?
As per DCS Act and Rules there under a person can be a member of one housing society only. Regarding the first part of your query, I am not clear what you exactly want to know. In Delhi registration of society is one part and in which area the land shall be allotted for the project is another part. DDA which is proper authority allots land to the societies as per their eligibilities. Land has been given to hundreds of societies in one residential areas in Delhi like Rohini, Dwarka and in other north west and east Delhi areas.

Manish Singh (Querist) 07 March 2009
Dear SIR,
I am extremely thankful to you for your consideration over my query and i am sorry for not providing complete inforation over here.
Sir, the matter does not pertain to delhi but some other state where the residential societies can be regisetered under the Societies Act 1860.
so Sir, in this case, if there is in existence,a residential society for 50 houses where the society was formed from the very inception of the residential area and was formed by the builder himself and handed over to the residents,then can some of the members quit the membership of the said sciety and form ANOTHER one. are they bound to follow the by laws of the said society.
Sir could you throw some light over the extent of binding nature of by laws of a society. or it would be kind of you if you can provide me any case citation.
thanking You, Manish

Manish Singh (Querist) 07 March 2009
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B.B.R.Goud. (Expert) 07 March 2009
need to be elucidated the brief

M. PIRAVI PERUMAL (Expert) 07 March 2009
I agree with you sir.

RAKHI BUDHIRAJA ADVOCATE (Expert) 09 March 2009
Mr. Harbhajan Thukral is absolutely right. I do agree with my Ld. friend.

A. A. JOSE (Expert) 09 March 2009
I endorse the view of Mr.Thukral.

Manish Singh (Querist) 12 March 2009
DEAR Members,
in the famous case "Damyanti Naranga V. Union of India, AIR 1971 SC 966 pertaining to "freedom of association" the Apex court held that Art 19 (1)(c) of the Constitution includes the right not to be associated with any person with whom one does not like to associate. so the regsitrar can not compel any person to be associated with any society so leaving members are free to form new society. but things wuld have been different if the society was a Co-operative society registered under the co-operative societies registration act.