Sir, I'm an Airforce personnela and purcahsed a house at Chennai from Airforce naval housing board and took possession in 1999. Since the scheme was undersubscribed the board had approached the local municipal corporation in 1999 to sell the vacant houses to non-defence players. In 1999/2000 the dwelers of the colony formed Jalvayu Vihar Owners association, a registered society. In 2008, repotedly, the society had passed a bye-law that houses in the colony cannot be sold to non-defence/civilians as a rule. Exceptions, can be permitted on case to case basis by the GBM. The by-law is valid for ten years. In 2011,when i intend to sell the house to finance my father-in-law and father's medical expenses, the society had informed about the 2008 by-law. since then I have been approaching the society to give my NOC to sell my house on extreme compassionate grounds citing deteoriating health condition of my father and father-in-law and my predicament to leave service. However, the society did not relented. Meanwhile, my father-in-law after prolonged hospitalisation expried in Mar 12. Finally the GBM held on 10 Jun 12 had reportedly voted against my plea. Incedentaly, none of the other AFNHB proects at Bangalore, Delhi etc has such clauses.
My question is:
(a) Can a society pass a bye-law like this which infringe my fundamental right as a civilian to sell/buy property in India?
(b) Is this by-law valid, as the Airforce Naval Housing Board from whom I bought the house had clarified the position by stating that most the AFNHB societies houses/flats are being owned by civilians either as first or second owner, 75% of the tenents are civilians. However the chennai society has not heeded to either AFNHB direction nor my repeated plea.
(c) How to seek legal recourse for this?
Can some one advise....
regards
