Rakesh (Partner) 05 February 2014

Does mc have a right to demolish ?

Hello,

Further to my previous query, I just came to know that present MC( 5 off 7 committee members) of our housing society are going to send the circular to demolish the half constructed swimming pool, swimming pool is not delivered by the builder but has has charehed for it and its mentioned in the agreement as well, MC's arguments is , its life threatening to have swimming pool, it will be mosquito breeding field, its will create neusense etc…. Do they have right to pass this resolution by calling Special Genral Body Meeting ? who should refund the money which have paid? Builder or the committee ?

Thank you.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 06 February 2014

You can obtain a injunction from court restraining them from going ahead.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 February 2014

Where in India is your Society situated? Is it a co-operative housing society or some other type of Society? By what you have stated it appears that the builder has constructed the building and other amenities like the swimming pool. Have all the flats been sold to individual buyers? I presume that the cost of the swimming pool is included in the cost of each flat purchased by a buyer.

An opinion can be given only after you have answered the first question as the matter is in the State list and hence will depend on the State laws. Also it has be ascertained whether whether all the salable property has been sold and necessary action for the registration of the Society, election of the Managing Committee etc.