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Coop Society members Enclosing common Area Of Society
10-Oct-2023 (In Property Law)
I am a member since 1977 of a row house bunglow socity in Juhu. The society started about 1971. It has a main dividing road and as per original plans, had a 10 ft wide green patch between the main road and the front houses facing the road.After a few years, the front bunglows enclosed this green area within their bunglows and gradually most have also concretised it. These are the influential members also. This has now also created huge car parking problems. The question is whether i have any reasonably effective remedy even though such a long time has elapsed. I am ready to pay a reasonable consultation charge if useful. Pl advise.
The common area of the society cannot be appropriated by member/s for the sake of their own benefits sans other members of the society. Even if concretisation is done on the recreation area belonging to the society, still such members cannot claim exclusivity to the recreation area.
Please pass appropriate GBR against the encroachment and take actions against such members . the society can file a suit for injunction in Cooperative court u/s 91 of mcs act for getting the recreation area back.
Please pass appropriate GBR against the encroachment and take actions against such members . the society can file a suit for injunction in Cooperative court u/s 91 of mcs act for getting the recreation area back.
Helpful?
Adv. Swapnil Harihar Patil
Mumbai | 25+ Answers
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