I am the owner of a 'freehold' flat in Cooperative Group Housing Society in Dwarka, New Delhi. I am also the member of the CGHS. The CGHS is thinking a mega construction plan within the society premises for extension of all flats to which I do not approve - (A) because they have so far no approvals of relevant authorities; (B) The extension would reduce the open space within the society. The CGHS says that being the member, if majority of members approve, I would have to give in to their demands and have no legal recourse available with me. While searching I came across one legislation called The Delhi Apartment Ownership Act 1986, Section 4(a) of which states that the undivided interest in the common area and facilities shall not be altered without the written consent of all apartment owners. I and some other members (We are in minority apparently) have not given any written consent to the afore-said extension scheme. Can I claim any rights under this Act to subvert the intentions of the CGHS? If not, is there any other remedy (writ or any other provision under Delhi Cooperative Societies Act) available against this forceful plan of the CGHS?
1) you would be governed by provisions of Delhi cooperative Societies act as cooperative society has been formed by builders of all the flat owners
2)the provisions of delhi apartment ownership act is not applicable in your case
3) in case resolution is passed in AGM and majority of members desire redevelopment then you cannot stall redevelopment
4) you will have to go to court and seek stay but it has been held by courts that minority of members cannot hold majority to ransom
1. The CGHS is certainly wrong when t adopts such policy,more so, when the approval of relevant authorities are not available with it.
2. Do lodge complaint with the registrar of CGHS on the basis of the said provision .
3. if the Registrar fails to stop the further constructions then you have to approach the high court in writ jurisdiction.
4.The High Court is expected to take into consideration of the said section and would pass necessary direction.
5. You can lodge complaint with local Municipal authorities as well.
Dear sirs, why would Delhi Apartment Ownership Act won't be applicable to the present situation? The Act has not been repealed and Section 24 (Act to be binding on apartment owner, tenants etc. provides that "The provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or any other instrument and all apartment owners, tenants or owners... use the property or any part thereof to which this Act applies shall be subject to provisions of this Act." As far as I know, there is no similar provision owing to which Delhi Cooperative Societies can be said to prevail over Delhi Apartment Ownership Act. So why would the Ownership Act would not be applicable in my case. I just require its applicability to assert that the CGHS needs to have consent of all owners to change the construction in a society.
your sale deed must be containing a clause that builder shall either form a cooperative society or condomonium
2) in your case society has been regsitered by the builder . in case wherein society is regsitered and conveyance executed by builder in favour of society then society is the owner of land
3) under delhi apartment ownership act deed of apartment is executed containing Description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities.
4) each apartment owner consent would be necessary for revdelopment in case deed of apartment is executed
In my case my property is freehold so I own the land and not the society. I understand that you intend to say that the Delhi Apartment ownership Act would apply only if a deed of apartment is executed. In the absence of this, the Act won't apply and only Delhi Cooperative Societies Act would prevail?
once cooperative society is formed by you of all the members the proviisions of delhi cooperative societies act shall apply .
2) delhi apartment ownership Act envisages the execution of a 'Deed of Apartment' in favour of the owners of the apartments and transfer of apartments through the Deed of Apartment.
3) in your case no such deed of apartment has been executed . the provisions of cooperative socieites act shall apply in your case
Delhi has over 1,500 such old housing societies in different stages of neglect and dilapidation that will need to be redeveloped immediately. DDA, too, has already submitted its proposal to the urban development ministry for consideration. The proposal seeks to allow societies to avail additional FAR by construction of more flats and towers. It could also pave the way for the regularisation of additionally constructed rooms that may have been built earlier without following the norms.
As in the case of old societies in Mumbai, builders in Delhi are also offering lucrative deals to the owners wherein they not only have to pay nothing for getting a brand new house and more parking space, many of the builders are also offering to pay the rent for the period of reconstruction of the new buildings to the owners
Therefore the apartment owners falling in line with their acceptance for the proposed redevelopment program.
In cases of society redevelopment, the law states that one or few members cannot hold up the redevelopment,
if there is a redevelopment proposal, it should be passed through the proper procedure in the society’s general body meeting. And at least 75% of the members should agree to the proposal. Otherwise the building cannot go ahead with the proposal.
The only option for such minority members is to take the legal route. They take the stance that it is their property and they too have a say in the redevelopment.
If the reasons for objection are valid, the Court may ask the society to restart the bidding process for redevelopment,
Objection by a few members is one of the reasons why redevelopment gets held or stalled. But generally when the majority of the members are in favour of the redevelopment proposal, the Court allows them to go ahead with the project,’’
As far as I know, there is no similar provision owing to which Delhi Cooperative Societies can be said to prevail over Delhi Apartment Ownership Act. So why would the Ownership Act would not be applicable in my case. I just require its applicability to assert that the CGHS needs to have consent of all owners to change the construction in a society.
The provisions of law of Delhi apartment ownership act may not be applicable to the CGHS redevelopment plan.
But that cannot stop the minority from the proposed legal action by approaching court.
The only option for such minority members is to take the legal route. They take the stance that it is their property and they too have a say in the redevelopment.
In my case my property is freehold so I own the land and not the society. I understand that you intend to say that the Delhi Apartment ownership Act would apply only if a deed of apartment is executed. In the absence of this, the Act won't apply and only Delhi Cooperative Societies Act would prevail?
Your reasoning and understanding is right. Rest all other suggestions given in my previous posts may be followed.
Dear ..
its better that go through your papers...then i will suggest you..
Regards
Mob-No-[deleted]
