LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous (Business)     30 August 2023

Allotment of flats & development agreement in housing society redevelopment project

Our housing society is undergoing redevelopment . At the time of passing resolution of redevelopment, it was unanimously decided that the redevelopment will be under taken under Section 79A of MCS act & in line with the directive issued by the government vide circular issued in July 2019. But the MC abandoned the process at the time of tendering & now is at a stage of allotment of flats & signing the DA. There are 2 wings A & B each having 15 members. My flat is located on the 2nd floor in B wing. Wing B is far superior compared to A wing, being covered by vast land protected for public playground on 2 sides. My permitted area is 552 Sft & I have decided to purchase addi. area of 38Sft making area of 590Sft in the proposed new building.

As per plan given by the builder on the basis of which I made the decision, available flat in B wing is on 6th Floor.  I made a request IN WRITING for allotment which was duly acknowledged by the MC. For allotment of flats, the broad policy being followed but officially not issued by the MC and also not approved by the general body is
1] The members remain in whichever wing they are and to maximum extent at the same position as existing flat.
2] The allotment will be done from bottom to top as per carpet area of new flat with smaller flats on lower floor & bigger on higher floor

3] If a member on lower floor purchases addl. carpet area, flat will be allotted in the same wing on higher floor in floor wise order.

Based on this principal I should get the flat on 6th Floor of B Wing. However, after everyone put in their requests, the builder unilaterally altered the plan & by altering 4 flats in A wing, created a flat of 590 Sft. in A wing on the 3rd Floor. Now, I am the only member who is being forced by the MC to accept an inferior flat in another wing(A) than where my current flat is located(B) & not as per my choice. Except me, all the remaining 29 members have been allotted flats as per their choice.

In fact when the original plan was given to members, on the basis of which the members made their choices, there was no flat in A wing of 590Sft carpet area. But the builder has altered the plans and created a flat on lower floor in A wing. This is despite, 4 flats of same size of 590 Sft. are available in wing(B) where I have the flat currently. The MC is saying that the builder is not ready to allot flat on 6th floor. But the fact is that 2 flats have been allotted to some members on the same 6th floor.

I have already protested against the high handedness of the MC. The MC is trying to make me a villain before the other members of the society & telling the members that I intend to stall the redevelopment. I am trying to convince the MC to allot me a flat as per my choice & inform the builder to sell the flat on 3rd floor in A wing. I have been seeking time from the builder to discuss and resolve the issue amicably. But he is not responding to my repeated requests for a meeting to resolve the issue amicably.

The MC is also not following the bye-laws of the society. Meeting notices are issued on WhatsApp as text messages, minutes of proceedings are not given to members etc.

In such a situation what are the options available to me. I shall be grateful for reply. I wish to get the issue resolved the issue amicably to max. possible extent & welcome services of an advocate to resolve this matter, before signing of DA.

Regret a bit long post.


 4 Replies

Dr. J C Vashista (Advocate )     30 August 2023

Be brief and specific for consideration and obligation of experts or consult a local prudent lawyer.

Anonymous (Business)     30 August 2023

Sir, I will rephrase the query in brief & post it again.

T. Kalaiselvan, Advocate (Advocate)     31 August 2023

You are aggrieved by the partisan and biased attitude of the MC.

If your requsts are not included while others' was duly entertained, you can raise this issue with the MC and ask them redner justice to you.

If they don't entertain your request, you may approach either the registrar of cooperative society or court of law with a suit of injunction restraining the MC and the developer from proceeding with the proposed redevelopment program till your request  is accepted at par with other members of the society.

Anonymous (Business)     31 August 2023

Thanks for the reply. I will certainly follow your advice and try to resolve the issue at MC level as much as possible.

But I desire to understand the legal position, in respect of the following points 

1] Can MC of society, by a resolution in the SGM of the society, force a member to accept allotment even though the member is objecting.

2] When the society is bypassing the redevelopment process as per July 2019 guidelines of Govt. Of Maharashtra under Section 79A, can the society pass resolutions by majority & compel members to abide by such resolutions.

3] When the society is calling meetings at very short notices & not following clear days notice period as specified in the bye-laws, are resolutions passed in such meetings are binding upon the members of the society.

DA is not signed till date. Thank you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register