Conveyence and Redevelopment
3 years ago
Society Registered in 1987, developer left the society without completing the constructions and conveyance.
In 2000 some of members file case in consumer court for conveyance and balance construction.
In 2008 Consumer Court passed order in favour of members asked Developer to Convey Land in favour of the Society and Complete the balance constructions within two months.
Developer instead of complying the Court order convey the society land to other developer thru sell deed in 2010.
Members again approached to Civil Court for cancellation of Sell Deed and Consumer Court for Execution.
New developer with the help of Sub-Registrar and some society member file a fake complaint against Elected Managing Committee u/s 83 of MS Coop Act and disqualified the committee. Appeal against Sub-Registrar Order on Fake Complaint is pending with Dy-Registrar. Dy-Registrar is also deliberately sitting on appeal and not passing in order. Sub-Registrar is taking undue advantage of judicial process delay and started further action in the matter like recovery and auction of committee members flats.
Committee approached to Bombay High Court and ask for interim relief till Dy-Registrar dispose the matter. Hing court directed Sub-Registrar not to take any corrosive action and directed Dy-Registrar to dispose the matter within 12 weeks and High Court disposed the case.
Sub-Registrar appoint developer’s member as Authorised Committee to look after Society Matter. This Authorised-committee have already spent 50 lacs from Society fund for fake Major Repairs also the conveyed Special AGM on JioMeet for Redevelopment.
Now I want to know what is the best option for
1. On Fake Sub-Registrar Order
2. Whether this Authorised Committee have authority to take decision like Redevelopment.
3. What is the validity of SPAGM for important agenda like redevelopment thru JioMeet where some of members can’t participate due to lack of technical knowledge and resources??
4. Whether redevelopment process is allowed When Society’s title is sub-judice??
5. What action members should do against this redevelopment process.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. Dy-registrar is duty bound to decide on sub-registrar order within 12 weeks, if not he would be liable for contempt.
2. No the new authorized committee cannot make major decisions as their appointment is sub-judice.
3. The meeting has to be conducted as per the rules, if the rules permit it can be conducted in online mode.
4. No, the decision of redevelopment can be challenged at the court and a stay order can be taken.
Since the HC has already directed the Dy-Registrar to dispose of the case within 12 weeks, he should otherwise file for contempt. New Committee cannot take significant decisions unless the challenge to order of Sub-registrar by the Dy-Registrar was disposed off. Such decisions can be questioned in court of law. Such meetings cannot be used to discuss important issues., the meeting has to conducted as per the rules. You can challenge the decision of redevelopment in the Court.
Sub registrar have no such jurisdiction. You may again approach High court and get appropriate orders and also can implement execution order against first developer.
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