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?
