Dilip
Briefs: Took possession of a flat on 21/01/03 from KMDA,Kolkata out of 320 in 20 buildings.Formed Mangalik Co-operative Housing Society Ltd.as per condition.MCHS LTD registered on 10/10/2002 under West Bengal Co-operative Societies Act(Ref-Act 1983 & 2006).Section 87(4)(5) of Act 1983 and Sec.92(4)(5) defined almost same rights of members.Sec.88(c) of Act 2006 is applicable in our case.
Both Acts provide that every member is entitled to an undivided interest in common areas & facilities.Also mentioned the same in the registered deed signed by KMDA,MCHS & LLOTTEE. So unconditional consent from 320 members is a must to have extension.
Desire of some members to have extension narrowing the internal roads, convenient enjoyment of light & air be obstructed, reduce the required distance in between 2 buildings etc.Probably building Deptt. of KMC cannot sanction plan for extension without going thru critically consent of all members besides others as per building rules & having views of KMDA who constructed the buildings. Sections 97,105,141,142,143,425,426,427,441,442,447,448 & 451 of Indian Penal code may attract in case of non-consent ( unconditional ) by all members besides building Rules. Kindly communicate your reasoned views along with verdict of Supreme Court in such cases, if any to bring the same to concerned authority, specially RCS, being administrative authority of co-op societies. Regret being a Sr.citizen ( 77 yrs & almost confined ) for inconvenience caused, if any. Ready to comply any queries. Grateful to have views early.
I C Naik
RCS does not have any authority to hear such matters as this is not a matter under Cooperative Societies Act.