VINOD (PROPRIETOR) 10 March 2010

REDEVOLOPMENT ISSUE

OUR SOCIETY IN MUMBAI IS GOING FOR THE REDEVELOPMENT WE HAVE ALMOST COMPLETED THE PAPER WORK & AGREEMENT (development & individual) BUT 1 MEMBER OUT OF 39 IS DELAYING OUR WORK. HE IS A DOCTER & HAD PURCHASED THE FLAT IN OUR SOCIETY IN 2002 & CONVERTED THE FLAT ON FIRST FLOOR IN MATERNITY HOME WITHOUT MAKING CHANGE OF USER IN BUILDING PROPOSAL DEPARTMENT. NOW ACCORDING TO HC RULE FOR ALL HOSPITAL HE IS ASKING FOR SEPRATE ENTRANCE ON FIRST FLOOR IN PROPOSED BUILDING WHISH IS NOT POSSIBLE AS THERE IS NO SPACE AVAILBLE IN PROPOSED BUILDING AS OUR PLOT IS VERY SMALL.OUR SOCIETY IS TAKING LEGAL STEPS AGINST HIM & MAKING CASE IN COURT PLEASE GUIDE ME WHAT ELSE CAN WE DO & IS HE LEGALY RIGHT TO ASK FOR SEPRATE ENTRANCE

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3 Replies

Anil Agrawal (Retired) 10 March 2010

Every redevelopment must confirm to Maharashtra Government Order dated 3/1/2009. There is a misconception that the Mg. Committee can initiate action. It is not so. If 1/4th members of the Society request, Mg. Committee can proceed as per above order.

What were the members doing when the doctor converted the flat into a maternity home? By the way, his lone opposition has no value. High Court has also confirmed this. Read the above order.

ramani (Director) 11 March 2010

From your query,it looks like the society did not object when the flat was converted to maternity home.Most times society members feel that it is not their concern in most society matters and end up in situations as above. All such cases can only land at the judiciary door. However before you as a society take up legal action u need to make sure that the society has followed all procedures as laid in the redevelopment guidelines of 3rd january 2009. By the Govt of Maharashtra. The Registrar has only powers to the extent of seeing whether the rules are followed. The judgement given by Hon S C Dharmadhikari makes it clear the even a minority member has his rights protected . A majority in the GB is not the only criteria. Rules laid out needs also to be followed. It is best to amicable settle it with the Doctor if he is amenable by taking a reasoned view . This being a civil matter or a cooperative court matter, the society will have to seek judicial intervention if no solution can be thrashed out S Ramani SURAKSHAA Cooperative Society Management & Solutions