You need to take a direction of the appellate court to decide the interim application of any immediately
Allotment Issue of floors for Redevelopment Project / Building in Mumbai
Hello, Reference: Redevelopment project in Mumbai We were allotted lower floor in the redevelopment project (construction is going on for the new building with a completion date of for the end of 2024). Secretary and other office bearers colluded and allotted higher floors to friends without proper process of allocation. Although we were at higher floor in the old building, some members in lower floors in the old building were allotted higher floors. The treasurer himself who just had a shop in the old building, allotted himself a flat in the higher floor as well. We have filed a case with Co-operative court Mumbai beginning of the year against the office bearers of the society. Every month the case gets postponed to a new date - reason given are due to workload of the judge. The builder has already gone ahead with registration of other residents. Currently feel there is no pressure on the office bearers or the builder to resolve this issue and afraid that this court delay can be indefinite. Is there anything that can be done in the interim to stop registration or put a hold on any registration activities till court ruling - like an injunction etc. Also what usually in the outcome when the office bearers allot flats without proper process? This is a case of cheating.
Asked 2 years ago in Property Law
Religion: Hindu
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5 Answers
You can submit your grievances to the society in writing and if the society is not accepting your genuine issues then you can approach appellate authority to pass an order against the society.
Since you have already approached court with a suit venting out your grievances, you may pursue that regularly, if the builder is registering the properties to others, then you can implead them as necessary parties to the suit
You must have sought interim reliefs in cooperative court
2) request court to pass interim orders restraining g builder and society from making allottment of flats pending hearing and final disposal
Dear Client,
In case you believe there is a risk of irreparable harm or loss, you may explore the possibility of seeking an injunction from the court. An injunction is a legal order that requires a party to do or refrain from doing a particular action. However, obtaining an injunction typically requires a strong legal case and evidence of imminent harm. While the legal process is ongoing, continue putting pressure on the office bearers and the builder to address the issue. Document any attempts at communication, and consider involving other members of the society to collectively voice concerns. Public pressure can sometimes lead to swifter resolutions.
If there are regulatory bodies overseeing cooperative housing societies in Mumbai, consider reaching out to them with your concerns. They may be able to intervene or provide guidance on the matter. Keep yourself informed about the progress of the case. Attend court hearings and ensure your lawyer is actively pursuing your interests. If the court repeatedly postpones hearings, your lawyer may explore avenues to expedite the process or address the delays.
If the court finds that the office bearers allotted flats without following proper procedures and that it constitutes cheating, the court may order remedies such as the reallocation of flats, financial compensation, or other appropriate measures. The specific outcomes will depend on the evidence presented and the legal arguments made during the proceedings.
You can reach out to us for further assistance where we can provide guidance specific to your situation, explain the available legal options, and advise you on the best course of action.
- You can file an Injunction suit before the court for restraining him from selling any floor
- Further, as the suit already pending before the Co-operative court , then you can even move an application before the same court for passing an order.
