Vinayak Mahamunkar
The Election of our housing society i.e. Link Palace Co-operative Hsg Soc.Ltd Managing Committee was held in the Month of July 2010 as per the Model Bye laws of 2001 for the period of 3 Years, the elected committee have taken the charge on 1 st August,2010 .Thereafter we have adopted the Model Bylaws of 2009 in the year 2012 According to the bylaws of 2001 the Election of the Managing Committee is to be held before 31 July 2013.However, the committee is continue till today. I think it is a care taker committee.
Now the Managing Committee has issued one circular stating that committee wants to install/erect 4 G Tower on terrace of the Building and requested the members to give consent/approval on paper for installation/erection of the towers on the buildings of the society. The reasons that they have given is, the 70% of the total members are not attending the General Body/Special Body meeting which are required to discuss the matter and pass the resolution. The last year General Body Meeting i.e.2013 the Committee was brought this proposal for approval. However, the members present in the General Body have refused the proposal .It is also on the record.
Some of the members including myself have taken strong objection on the ground that there is no provision in the bylaws of the society to give societies premises on lease basis to any persons and also on the ground of radiation and stability of the building and other reasons is our building is more than 29 years old having no Occupation Certificate.
It is also seen from the Bylaws of the Society, Maharashtra Cooperative Soc. Act 1960 and Maharashtra Cooperative Societies Rules,1961 that there is no provisions to obtain the consent/approval from the members without calling a General Body Meeting for that purpose.
I have gone through the Bylaws of the Housing Society and I found that in the Bylaws No. 170 that the society shall not let out or give on leave and licence basis or permit any subletting, giving on leave and licence basis any open space available under the staircases, Terraces/open ground /lawns/club house/common Hall etc.or to any person whether the member of the society or not, for any purposes whatsoever.
It is also seen from the Circular issued by our housing society that the society is giving the premises for 10 years on lease basis for the consideration of only 3 Lakhs per year with 10 % increase after every 3 Years. And also giving place on the terrace, Top of Lift Area and Ground floor also.
Secondly there is another wing A-1 Link Palace Coop.Hsg Soc.Ltd. They have erected the mobile towers on their building since long back. It is not known whether it is authorized or otherwise. I have read in the news papers that in Mumbai especially in suburban many mobile towers are unauthorized. The facts are to be ascertained.
I have discussed the matter, however the society is telling that there will be no harm on the human body by radiation. I have read many articles stating that the radiations from the mobile tower are dangerous. I saw a report on internet prepared by Prof Shri Girishkumar from Mumbai IIT which was submitted by him in 2010 to the Secretary DoT, Delhi.
Further I have enquired with the Cooperative Department of the Maharashtra, whether they have issued any orders in the matter and found that they have issued the orders dt. 3.6.2014 directing to implement procedure and practice for installing mobile towers on the terrace or to display advertisement board/hoarding on the building of the co-operative Housing /premises societies, giving the detailed procedure.
According to the directives, the Managing Committee of the Society must called General Body/Spl Gen Body Meeting for this purpose and 70 % of the total members must attend the meeting and approve the proposal. In the Orders some other conditions are mentioned. The society must follow the directives of the Government.
Despite the clear instruction/directives from the Maharashtra Government , the Office Bearers and the Members of the Managing Committee are not listening.
I C Naik
Let me congratulate your society, though very old it is progressive enough to stay up to date with the latest Model Bye Laws by adopting as and when issued by the Commissioner and Registrar of Cooperative Societies. At the same time is surprising that the Committee is engaged in blatant breach of Bye laws (Bye-Law No 170), BMC Guide lines for approval of 70% members to install Cell Towers and above all to put the lives of residents to the risks of radiation which has been accepted as a potential genuine threat.
1.Your Committee is a full-fledged Committee as there is nothing like care taker Committee in cooperative housing society. After the Constitution ( 97th Amendment ) Act 2011 all committees got 5 year tenure.
2.Any decision of the general body meeting can be reviewed/reversed in next the general body meeting held after six months and not before.
3.“Your building is more than 29 years old. having no Occupation Certificate” is a dangerous situation. Your Builder could be in trouble as also the residents and members. It appears a fit case to move Consumer Court Bandra against Builder for not furnishing oc. It’s a deficiency in service.
4.Unless Bye-Law No 170 is replaced lifting embargo on the Society to lease out terrace, the Committee installing Towers will mean the Committee has consciously committed breach of bye laws rendering themselves liable to disqualification for being members of the managing committee.
5.The Contract with Mobile Company is liable to be cancelled as the Company dd mot verify if the Committee was competent to enter in to contract on behalf of the society. If you see the Bye-Law No 113 the powers of the Committee are listed under Bye-Law No 139 which does not list entering in to contract to lease out the terrace.
REMEDY
1.As provided under Bye-Law No 176(D)(e) a member should make a complaint to BMC after giving 15 days time to the Committee to stop installation of Cell-towers.
2.File a dispute before Cooperative Court as provided under Bye-Law No 176((b)(a) resolution of the Committee to bye pass resolution of the general body meeting refusing permission to install Cell- Towers
3.File a Consumer Complaint in Consumer Court for deficiency in service by way of creating a potential fatal health hazard as Radiation from Cell-Towers are highly suspected health hazards.
Thanks for the guidance.