Illegal construction and extensions by committee members

Hi Mr. Patil, 

In the Lonavla Shantivan matter, the actions of the Chairman, Secretary and Treasurer in making unauthorized balcony extensions directly violate the Development Control Regulations and provisions of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). Under Sections 52 and 53 of the MRTP Act, carrying out development without permission amounts to an offence, and the Planning Authority (here, the Municipal Corporation) can issue a notice, direct removal or demolition of the illegal work, and even prosecute the persons responsible, leading to penalties and imprisonment. This makes the office bearers personally liable for the violations.

On the cooperative society side, the Maharashtra Cooperative Societies Act, 1960 comes into play. Section 73(1AB) provides for disqualification of committee members if they act against the interest of the society, while Section 78 empowers the Registrar to remove office bearers found guilty of misconduct or willful neglect. If their unauthorized actions cause loss to the society, Section 79 allows recovery of damages personally from them. Complaints before the Assistant Registrar can trigger an enquiry and suspension of the managing committee.

Further, misuse of their official position to shield their own illegal extensions may also invite proceedings under Section 406 and 420 of the Indian Penal Code if there is any element of criminal breach of trust or cheating involved in misleading the members or authorities.

In simple words, the office bearers are answerable under municipal law, cooperative law and even criminal law. They face demolition of the unauthorized extensions, penalties and personal disqualification from their posts. Members of the society have strong remedies available through the Municipal Corporation, the Assistant Registrar of Cooperative Societies, the Cooperative Court, and even writ proceedings in the High Court.

To start with, I can help you draft a legal notice and detailed representation to the Authorities, Municipal Corporation and the Registrar, laying down all these sections and violations, so that the authorities are compelled to act and the office bearers are made personally accountable. Feel free to reach out to me on adv.vishesh@icloud.com.

Facts, as posted, are incomplete.

The members of the society may file a complaint against them with the Registrar of Societies under which the society is registered.

File a written complaint (with photos and coordinates/flat numbers) to the Building / Town Planning / Enforcement wing asking them to (a) inspect, (b) treat the balcony extensions as unauthorised construction/FSI violation, (c) issue a notice under the development / building control regulations and (d) order demolition/regularisation refusal and levy penalties. Municipal Corporations have statutory power to inspect and remove unauthorized construction under the Development Control / UDCPR rules.
Lodge a formal complaint under the Maharashtra Co-operative Societies Act asking for:
an inquiry into misconduct (misuse of office / violation of by-laws),
Disqualification of the office-bearers, or interim suspension/supersession of the managing committee and appointment of an administrator if the Registrar finds serious irregularity.
File a civil suit (or writ petition in High Court) for injunction to stop further use/occupation of the unauthorized extension, and for demolition/restoration of common areas. Ask the court for interim relief restraining the office-bearers from exercising powers (if they’re likely to obstruct enforcement). Courts regularly grant interim injunctions in housing society FSI/encroachment disputes.
If there is forgery, cheating, criminal breach of trust or criminal misappropriation of society funds (e.g., office-bearers used society funds to carry out the unauthorized works, forged plans, or suppressed records), file an FIR with local police. Criminal liability depends on facts—if it’s purely unauthorized construction by a member without criminal elements, police may defer to municipal enforcement.

Did you collect evidence(s) of illegal construction ?

Chariman, Secretary or any other office bearer is performing a voluntary social service, which do not grant licence to do some illegal construction / activity in the Society. 

Get  support from few other members of the society and move a no-confidence motion against such office bearers.

Report the issue to concerned authorties to book their properties.