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RKP (self)     11 December 2009

Society's open space grabbing

I am living in flat in an apartment 7 years old in Mumbai suburb. We have a garden and open space in the society. The flat owners have formed a co-operative society. Our building in very adjoining to a highway. Since some years an another builder whose plot lies behind our building’s plot was pressuring us to give him a passage from within our society’s open space. Our society plot lies between the highway and the other builders plot. The other builder’s entry to his plot was from a place which was away from the highway. So to increase the price of flats by showing that his upcoming building lies next to the highway, he wanted way from within our society for which we refused readily. So he contacted the builder of our building. Now after 7 years our builder has quitely sold the garden and much of the open space to the other builder. He has also broken the society walls to make passage for the new builder. Our builder claims he is doing all this as per the law since the society’s land, the garden and open space in the society is under his name and so he has the rights to sell these to anyone anytime. We have filed a case in the court. Any idea how to tackle this issue?


 2 Replies

Daksh (Student)     11 December 2009

Kindly refer to the Articles of the Society and resolutions passed by it.  Only by perusing the same some clarity can be reached.  You have not mentioned that under what provision you have filed the case.  In your case the court may ask for the records of the property as well of the society and everything shall be crystal clear.

Best regards


RKP (self)     16 December 2009

I am a society member but do not look much into the society's affairs as I am busy.
I am not aware of the provisions under which the society management has filed the case.
The society has not filed the case on our builder who has queitly sold the land.
Instead the society has filed the case on that other builder who has purchased the land from our builder.
The society management says that they will not approach our builder( who has sold the land ) as he has not right to interfere in society's matters.
I think that the society should have filed the case on our builder who has sold the society's garden land.
Is it logically correct to file the case on that builder?
Any suggestions please.



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