• Encroachment by the society secretary itself and chairman supporting and harassing

I Stay in Pune Panchavati / Dnyaneshwar Co-Op Hsg Society it has been identified that the society committee members the secratary himself have done an encroachment in the passage by extending the house and creating a fixed brick wall and occupying the common space. When complained in the AGM the Chairman supports by saying that if the neighbors complain or have not raised issue we will not consider this and squashed the same. They have a vicious nexus and have done the same thing while allowing parking, and providing it to their preferences, they have harassed those who complain and victimize them. Kindly guide on how this can be tackled and brought to a legal outcome. What does the law state, how can we register a case with the registrar office? What is the procedure to legally approach the court against these mismanagers who are doing wrong to favor themselves and harassing others member? Legal Support Required with strong societies laws and byelaws and having knowledge of convicting such kind of people.
Asked 4 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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11 Answers

You should register a complaint to assistant registrar coop societies for these acts of Management members.

And you can also make complaint to municipal authorities against this encroachment by secretary.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can complain to muncipal corporation against encroachment of common areas done by office bearers of society 

 

2) also complain to registrar cooperative society against society failure to act against office bearers guilty of encroachment 

Ajay Sethi
Advocate, Mumbai
94773 Answers
7543 Consultations

5.0 on 5.0

You can make complaints in writing to sub registrar, Secretary of state cooperative housing society, chairman and concern ministry of state.

Narrate the all problems to registrar of Cooperative hospital society your matter will get resolved within 2 months.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can complaint the same to dy registrar in writing and also you consumer court. You can complaint for appointment of administrator as the society managing committee is mismanaging the affairs

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

First of all file complaint with the police department from where a criminal case for trespass will be instituted against them then file a complaint to the Registrar.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1.  The Coop. Registrar has no authority in illegal constructions /modifications /encroachments.

2.  Make a written detailed complaint to the PMC alongwith photographs about the illegal encroachments and direct them to demolish & to restore in its original state at cost of Secretary.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Complain to registrar, it oppression prevail in committee, or file suit in cooperative court for stay and dissolution of committee,

Any member can raise the objection agasint private use of common area or encroachment. Common area vest in all members equally irrespective of location.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

you can file complaint before registrar cooperative society. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The remedy is to file a suit for mandatory injunction to order the demolition of the encroachment and also permanent injunction against the office bearers to stop them from doing similar encroachments in future.

2. A criminal case can also be filed for criminal trespass against them,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since it is a common area, the encroachers may be booked by the local civic body only for this offence provided if they are refusing to remove the encroachment.

Alternately you can submit a written complaint with the signatures of other members against the president/secretary of the society for not taking any action despite giving a complaint agaisnt this.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

Dear Sir,

The courts are not having so much of time but you can initiate civil proceedings both in civil court and also approach registrar of concerned department and file representation to initiate action against erring committee members. It is better if you fight along with 3-4 other members of the society . 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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