Redevelopment of the old building of co-operative housing society in the year 2006.
Sadanand B. Panchal
(Querist) 30 December 2012
This query is : Resolved
Respected Experts,
One Co-operative Housing Society was having a building adjacent to my Chawl for which a building permit was granted in the year 2006. The building permit was granted was limited for only to construct a new building in lieu of the old building of the Society.
In the year 2005 it was held by the General Body meeting of the said Society that the Society proposed to give Development rights in favour of Developer X. Subsequently thereafter the Secretary and Chairman of the Society executed a Power of Attorney in favour of the Developer to do all acts including signing, verifying and executing Plaint, appeals, reviews, applications, affidavits, authorities and papers of every description and necessary to be signed and verified for purpose of any suit, petitions, actions, appeals and proceedings of any kind whatsoever in regard to the said property in any Court of Law or Equity whether of Original, Appellate…..” My Chawl property unfortunately situated in the said property. Subsequently after one month the Society Executed a Development Agreement in favour of the Developer X wherein it was fraudulently stated that the Society also belongs our Chawl and that the occupants of the Chawl are monthly rentals of the said Society. After presentation of both Power of Attorney and Development Agreement the Executive Engineer granted Commencement Certificate to the Developer and to utilize T.D.R. of the entire plot wherein it is clearly stated that the “Owner of the property: C.A. to the Society, the Developer X”
Kindly help me and give information to find fraud under this process of development as per following illegalities:
1) Society for redevelopment of its building can execute such type of Power of Attorney directly in favour of the developer to act as owner of the Properties of Society?
2) Society no more to sign any papers concerning the papers and it was got dissolved due to effect of Power of Attorney. Whether Administrative Powers of the Dy. Registrar of the Societies affected due to POA?
3) Whether such Society is liable to liquidity or registration can be cancelled?
4) Whether entire building proposal is liable to be revoked?
5) As there is new statement included as our chawl is owned by Society and we occupants as tenants, then can the occupants are entitle to obtain a flat in the new building being shown as tenants?
Kindly explain me the actual procedure mandatory for redevelopment of the building of the Co-operative Housing Society in the year 2006.
Regards,
Sadanand B. Panchal
ajay sethi
(Expert) 30 December 2012
fo revedlopement of cooperative society it is necessary that issue should have been on agendaof AGM/EGM . resolution should have been passed in the AGM . majority of members should have been in favour of the proposal . further Development agreement should have been passed with approval of emembers . majority of members should have signed the DEvlopment agreement . then only society could have gonbe in for redevlopment .
if society has fraudelently mentioned that chawl also belongs to society then complain to registrar against society . also file police comp[laint aginst poffice bearers of society for the fraud .
write letter to BMC pointing out fraud .
obtain copy of building plans sanctioned BY BMC using RTI
