Uday Hatolkar
Sir, I am a member of cooperative housing society, (Maharashtra) since last 17 years i.e from 1996.
I had purchased the plot from member of society who was the member since 1981,(The society has transferred the share/plot on my name & given the plot transfer certificate/share certificate ) that time the society was under gram panchayat.
In 1988 or so don’t remember exactly, the society came under Municipal Corporation. Society till date has not allotted a plot to me. I had paid charges for the plot. The society has given me the share certificate , plot transfer certificate & receipt of payment on 29.03.1996 towards membership fee transfer fee , donation etc. During the same period the in 1981 there were 5 -6 divisions of the said society Namely A. B, C C-1, E, F etc. I am the member of c-1 sector.
During the same period other sector members were allotted the plots but c-1 sector members were not allotted the plots, saying that there is reservation on c-1 sector land Commercial zone & playing ground etc which were came in existence after the formation of Municipal corporation in Aurangabad. Before 1988 there were no such reservation , then why the society had not allotted the plots when it was under Grampanchyat only?
Now the society has made the development agreement with the builder & has also made confirmation deed with builder without the written consent from all the members of society & hearing . Society has not given the copy of the agreement/confirmation deed or even draft copy & never discussed with the conditions of the agreement/ confirmation deed with the members of society even on the date of A.G.B Meeting on dt 28.09.2013 they have not circulated the copy of development agreement /confirmation deed.
Society has arranged the general body meeting on 28.09.2013 for discussion on confirmation deed with the builder & approval of the same in Annual general Body Meeting. All the present members during the AGB meeting has opposed the decision taken by the society regarding confirmation deed without prior written consent from members. And also entered their remarks in Meeting register.
The members who were present during the meeting had requested the committee members to take the note, as the members were opposing the decision of confirmation deed with the builder which was made by the society without the consent of the members ( Presently there are 71 Members of c-1 sector—Previously there was 171 members of c-1 sector, but may be due to this issue some members has resigned from c-1 sector). In the present governing committee of the society of c-1 sector, none of the member is having plot in c-1 sector, ) but they refused to do so. They told that the minutes of meeting will be finalized within 3 months from this date.
Can present governing body of c-1 sector , give justice to c-1 sector members. They themselves has built the home in `A` sector long back since 20-25 years or so in the same society. Only `A` sector has been developed & buildings were constructed. No other sector is developed by the society during last 37 years from the formation of the society. Which shows their attitude towards other sector members
Now the managing committee tells us that the agreement is done with the builder. Rs 100000/- is the amount per plot the builder has finalized the amount towards the compensation of each plot. (This price is very very less as compared to the current market price. And all the present members interested in their plot . They do not want to give these plots to builder & are against the development agreement & confirmation deed as the society has not taken their consent or even not discussed with the members about draft development agreement & draft confirmation deed.
Whether the basic objective of the society is for the well being of the members & for development of cooperative movement or for well being of the builders is not understood.
Now what should be our action plan? Can we directly go to High Court without approaching to registrar or cooperative court?
Can society members challenge this decision /agreement/confirmation deed in the high court? Is there any merit in this case? Was the agreement/ confirmation deed legal?
I request your kind advice in this regards.
I C Naik
Before instituting any suit Registrar’s approval under Section 148 is required. So apply for permission to go to High Court. Go through a good HC Lawyer as Development Agreements are very complex.