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Sundar XXXXXXX (Software Engineer)     14 November 2011

Expressly stated vs implied

Collector Mumbai Suburban District allots land to a cooperative housing society registered under the MCS act 1960.The land is granted vide a notification by the government for low income groups. The letter of allotment of land does contain a reference to the notification in the subject. However in the terms and conditions of the land grant letter, the terms and condition of the notification is not mentioned neither does it say that the terms and condition of the notification is also applicable
One of the conditions of the land grant is that the building should be completed in 2 years. The building is not completed after 19 years. It gets completed in the 20th year. By this time a number of original members have resigned. Many could not take allotment as they did not have the money. The builder sells these flats to others following an NOC obtained him from the Administrator of the society. This NOC also does not restrict sale of flats to those people belonging to low income groups or does not specify any income limit. The society's bye-laws does not state this condition.
A person not belonging to the low income group buys a a flat in this building base don the land grant letter and the NOC. Can his membership to the society be rejected because he does not belong to the low income group. If rejected, does he have a legal point to challenge this rejection?


Learning

 5 Replies

SURESH GODBOLE (ADVOCATE)     14 November 2011

In an Earthquake , the Ground vibrates ,

When the Base of a Building shifts , the edifice comes down

When the basis on which the flat was allotted is false , the result will automatically be false

When the Certificate on which  the appointment was given is proved to be FORGED , the appointments also is set aside

Simple logic will answer the question

Anil Agrawal (Retired)     14 November 2011

Creating another ADARSH?

SURESH GODBOLE (ADVOCATE)     14 November 2011

HA HA

Sundar XXXXXXX (Software Engineer)     16 November 2011

There are probably countless 'Adarsh' like matters in MUmbai that nobody knows! There is an interesting legal angle that was put forward by Mumbai H.C . Read this https://indiankanoon.org/doc/587043/

Anil Agrawal (Retired)     16 November 2011

Discretion is corruption.


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