Redevelopment of our society
hinal shah
(Querist) 04 July 2015
This query is : Resolved
Hello,
I want some suggestion as to what I can do In the given below Situation.
I locate in chembur have an ownership flat of 470 carpet area. 4 yrs ago one builder from kalyan had approached us and he stated to give 50% extra carpet area, one parking, n some corpus amount. we agreed we that without consulting to any lawyer we signed the consent letter, after 1 yrs from there MOU was also asked to be signed we signed those trusting our secretary and chairman. now when we are asking for a copy of MOU they refuse to give and state us that u can come and read but we will not get the copy. then we went to enquire to other people n soo on we also approched lawyer/solicitor they said society has to give you all the docs. but since society chairman and secretary are faulting on as no tendering is done, no appointment of pmc is done. and no other proper details regarding the Redevelopment is given to us. We send secretary, chairman , registrar notice regarding the same as. after that an urgent meeting was been called by society n secretary torched us , threatened us to take back the notice and let the redevelopment happen or else he will throw us out of the house and also our house would not be given to us. He says since no body has objection with the redevlompent y only you? you cannot do anything we are not answerable to you or your lawyer. and also they have called registrar for doing shooting thing tomorrow.
My question is as we are alone fighting as nobody from our society is ready to support can we alone fight we want our property to be safe what measures has to be taken as we have signed the consent & mou without having proper knowledge & also received some 1 lac rs. of corpus.
also we are forced to say yes for redevelopment to registrar. more over we are not financially as strong as builders are or the other society member as my father is just common man working in a shoe shop having nominal income of 10-15k
PLZ PLZ PLZ help me. i just want to secure my house.
Kishor Mehta
(Expert) 04 July 2015
Sir/Madam,
Very clear directions are given under the State Government circular for redevelopment of Co-operative housing societies, every society has to follow these directions to the letter, any act to the contrary is illegal. The circular is:
"Directive under section 79(A) of Maharashtra Co-Operative Societies Act 1960 to all the Co-Operative Housing Societies the State of Maharashtra - Regarding redevelopment of buildings of Co-Operative Housing Societies.
Government of Maharashtra (Co-Operation, Marketing & Textiles Department) No. CHS 2007/CR554/14-C dated 3rd January 2009."
You will get a copy of this circular from GOOGLE on internet.
You should ask the Managing Committee authorities to follow the directions of this circular, else the process of redevelopment of your society will be illegal.
No authority can throw you out of your legitimate residence.
Never be afraid to fight for your rights, even if nobody is prepared to stand by you.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 05 July 2015
You have to gather courage and fight for your rights. Consult local lawyer and proceed.
