cpc

violation of art 19(4)

Advocate

Hon'ble Experts,

Can a Managing Committee of CHS direct / restrict the members from moving of vehicles within the premises of Society itself?

The reasons stated for this is to compel those Car owners who are parking in open space, to park their respective cars appropriately. My perception to this indicates that this may amount to the violation of the Article 19(4) and shall be ultra vires of our constitution.

I request the experts to endorse my understanding, if not then the corrects observations please.

Thank you.

Vikas

 
Reply   
 
ADVOCATE & LEGAL CONSULTANT

Dear Sir,

kindly obtain a copy of Bye laws of your society and get it confirmed that the managing committee is acting accordingly.In most of such bye laws such powers are vested with MCs.There are reasonable restrictions imposed in respect of Art.19 and such are not considered  as ultra vires of constitution.


Total likes : 1 times

 
Reply   
 


Advocate

Dear Sir,

I thank you for the reply, however would like to mention that there are presently 12 members who have become the members of the Managing committee here in this case. The registration of the Society was done two years ago but the society is yet to be handed over by the Promoter/ Builder. 

In short no Bye laws exists here. 

What best can be done here ? 

 
Reply   
 
ADVOCATE & LEGAL CONSULTANT

Dear Sir,

You have stated that the society was registered 2 years ago. In that case definitely there could have been a set of by laws existed at that time without which registration would not be possible in normal course..

Hence,better to approach the Registrar concerned and apply a copy of it. If any difficulty  in getting it ,you may seek the same under RTI Act  with the Registrar who is bound to provide it after all he is deemed to be  a public authority.

Meanwhile,You may also verify the copy of Agreement entered between the builder / promoter and the occupants/flat owners and in case of any deviation/violation, legal recourse is possible under Contract Act / Specific Relief Act for due performance to even by any one of the owner of the flat..


Total likes : 1 times

 
Reply   
 
Advisory/Advocacy

There is no violation of the constitution by making  a bye law in order to facilitate or regulate movement of vehicles.

 

Do let me know if you find a citation stating a bye law violating Art 19

 

 

Regards

Chetan Joshi


Total likes : 1 times

 
Reply   
 
Advocate

Dear Mr. Thangavel’s & Mr Joshi,

I jointly thank u for your valuable advice. 

Now, as per Mr Thangavel's advised, I have gone through the agreement that was executed amongst the flat owners since I am too an owner of a flat in this building I have found no such specific clause which indicates anything about the movement of the vehicles.

Here the entire issue is not about the regulating and facilitating the movement of vehicles, the 12 newly MC members have designated themselves on their own by passing a resolution which is not de-facto  in accordance with the MCS Act, there is no official intimation about their appointed as office- bearers of the society to any prescribed authority, even the promoter have not handed over the society completely to them and they are trying to become the legislatures and watchdog in the society which needs to be handled appropriately .

Kindly suggest the corrective measures.

Regards

Vikas 

 

 

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x