Dear Sir/ Madam Greetings! I am the member of CHS with 12 flats and 11 members (1 member has 2 flats on his name). In our CHS, 5 owners stay in the building and rest 7 flats are rented out. Due to this, the members who stay in building are dominating the redevelopment process while other members are simply accepting what comes their way. 'Redevelopment of CHS- Wrong Method Followed-' We have redevelopment process going on in our CHS. But the process is not following any of the redevelopment rules. Their is Lack of transparency in the process. The committee also doesn't answer any of requestd/questions/objections raised by me through letters to them regarding redevelopment. The committee have signed contract tp join 2 neighboring buildings but i was never aware of this decision. Tenders of different builders were NEVER invited and MOU of 'specific builder' was circulated. MOU has few statements which are violating the redevelopment rules. The proposed builder is not even keeping bank guarantee/security deposit as per Rera rules. I would like to get STAY on the wrong process followed in redevelopment process. SO I REQUEST YOU TO KINDLY LET ME KNOW- COULD I GET STAY ON THE REDEVELOPMENT PROCESS THROUGH HIGH COURT? IF YES, THEN WHAT DOCUMENTS, FEES AND TIME DURATION IS REQUIRED FOR TAKING THE STAY? THANKS AND REGARDS
It is necessary to peruse documents cited by you
2) if procedure prescribed by bye laws for redevelopment has not been followed you can file suit in district court and seek stay of redevelopment
3) legal fees vary depending upon the lawyer engaged by you
4) you can get stay within period of one month or so
redevelopment cannot take place without following due procedure as laid down in bye laws . only with 50%consent of members no redevelopment can take place.
Dear Client,
Approach Co operative society court, No court fees but only advocate charges.
1. kindly specify what rules have been violated by committee apart from considering MOU of a specific builder and joining 2 adjacent plots with society plot for redevelopment
2. what exactly are your grievances pertaining to the redevelopment procedure?
3. if the committee is conducting general body meetings with prior notice to member with clear agenda and then passing resolutions based on say of majority members who attended the meeting, then there are plethora of judgments which say that one or two members cannot hold majority to ransom and introduce roadblocks
4. courts have heavily come down on such members who obstruct the redevelopment procedure for whimsical reasons or due to their egos being offended and have imposed heavy fines on such members
5. if you wish to get stay on the redevelopment process then you need cogent reasons for the same and also the illegality of the committee has to be blatant on the face of it. Mere violation of certain rules will not help you get any stay
6. also RERA is not applicable for society redevelopment matters
7. it is not possible to say as to exactly how much time will it take to obtain stay
8. fees can be quoted only after all details are shared and matter is discussed in detail
Redevelopment cannot take place with just 50% of the members signing the redevelopment process (MOU).
You can always refuse to sign the MOU with the builder
If the procedures prescribed in law for this purpose have not been followed or complied with by the builder or the CHS then you may approach court to obtain stay order agaisnt the proposed redevelopment.
The builder cannot force the members to sign the MOU until the society has passed a resolution to that effect in a SGM
Hello,
yes you can get a stay on re development process. File an RTI to see of appropriate permission from the authorities have been taken or not and later you may also file a writ in the hc.
regards
If you are not taking participation in the management of the society then it is really difficult to know what society is doing.
Normally for this kind of decision society is authorised by resolution in the General Meeting of the members to go ahead with the redevelopment in case this willthis will be really difficult for you to know the deal.
If you along with some other members have doubt on the transaction thenthen you along with other members can file a civil petition in High Court for stay on redevelopment.
First please file application before the Registrar of Societies stating all the facts and factual position then talk to go ahead.
