Cooperative society
kumarjainn
(Querist) 30 December 2011
This query is : Resolved
sir
We are member is a cooperative housing society for allottment of plot. We had purchased the land from farmers in Ghaziabad, U.P. and formed a society for alllotment of 100/200 sq plot to its 250 members for housing purpose.
The builder has taken over the society and is building 1200 flats on the plot. some members have agreed for flat on concessional rate. some members have opted for resignation of membership on some payment. But he has not given payment. some members filed writ in Lucknow bench for allotment of plot. The bench has given the following judgment:
"The disputed question of facts and law both, whether the respondents have got
right to construct or not and the petitioner has got right to claim for allotment
of plot, are the questions, which can be adjudicated by the Housing
Commissioner, Avas Evam Vikas Parishad.
Accordingly, we dispose of the writ petition finally permitting the petitioner
to make representation to the opposite party No.1 within two weeks. In case
such representation is made, the Housing Commissioner, Avas Evam Vikas
Parishad shall consider and decide the same in accordance with law after
considering the original record and pass a speaking and reasoned order
expeditiously within three months from the date of receipt of certified copy of
this order and communicate decision. For a period of four months or till
disposal of representation whichever is earlier, by the Housing Commissioner,
Avas Evam Vikas Parishad, the status quo shall be maintained.
The writ petition is accordingly disposed of."
Now what will happen. Will we get the plot or not.
prabhakar singh
(Expert) 31 December 2011
What does your lawyer in high court told you?
kumarjainn
(Querist) 01 January 2012
sir
as per court order we had made representation to the Housing commissioner and we have to give him three months time, The reply of housing commissoner is awaited.
1, will he give fair decision or he will manupulated.
2, The court has said to maintain the status quo. Does it mean the builder has to stop the construction work of flat but if he does not stop the construction work what can we do.
V R SHROFF
(Expert) 01 January 2012
no comments for U.P.
