School in CHS Premises/Residintial Flats
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
In our Co.Op.Hsng.Society, flats are purchased under different names(Residential) and most of the buyers are from the same family. Now the problem is that these flats are being used for running school since more than 7/8 years, before formation of the CHS. Whenever objection is raised for usage of residential flats for running school, in AGM, a no objection from Builder dated back is shown which makes the Society helpless. What is the way out to the Society in such a situation to stop these flats being used as school premises, sinc this activity is causing nuisance to all the members. Pls. guide.
Guest
(Expert) 09 May 2011
How the society can take any objection for any entity, which was existing even before the society came in to existence? In other words a child taking birth after his father or uncle objects on the existence of his father or uncle.
The society can take objection only for any newly proposed conversion. However, if the society has any reason about the illegality of the school or its funtionality, the society can file a case in the court of law, but any such objection taken has no validity, as you referred. Any such objection if taken before the opening of the school would have been valid.
If the administration/ education department has issued any approval to its set up, the society does not enjoy and super authority/ right to close that.
Raj Kumar Makkad
(Expert) 09 May 2011
If society is totally meant for residential purpose and commercial activity such as running school is is carried out there then any member of the society can raise this issue and even can file a civil suit seeking protection of his legal right to have a peaceful atmosphere in the society premises as well closure of school therein on the basis of aims and objects of society. If education department has approved any illegal activity even then it can be got challenged before court of law.
