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LEGAL ISSUES ON

LEGAL ISSUES ON. REDEVELOPMENT. LEGAL ISSUES ARISE DUE TO .

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LEGAL ISSUES ON

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  1. LEGAL ISSUES ON REDEVELOPMENT

  2. LEGAL ISSUES ARISE DUE TO 1. The Govt order issued u/S 79 A OF MCS ACT, 1960Dated 3rd January 2009 are not complied.2. MEETINGS ARE NOT HELD AS PER MCS ACT, RULES AND BYE-LAWS.3. NOTICE AND AGENDA IS NOT PROPERLY DONE4. MINUTS ARE NOT RECORDED, CIRCULATED

  3. LEGAL ISSUES ARISE DUE TO 5. MEMBERS RECORD ARE NOT MAINTAINED.6. MORTGAGE OF THE PROPERTY AND NOC GIVEN7. DISPUTE ABOUTAREA OF THE FLAT & ENCROAHMENT.8. Other ADMINISTRATIVE & Legal LAPSES TO BE RECTIFIED.

  4. COMPLAINTS HANDLING FORUMS WITHOUT GOING TO AUTHORITIES… • The Managing Committee • Annual general Body • Special General Body • Appointment of Advisory committee wihtin the society as per Commissioner Circular dated. 15.3.2010 • Appointment of Arbitators • Through Project Management Consultants • Legal Opinion and through common advoates • Federation / Association Guidance. • Educational Seminars

  5. COMPLAINTS HANDLING FORUMS on Redevelopment…… • DY. REGISTRAR • JOINT REGISTRAR • CO-OPERATIVE MINISTRY • CO-OPERATIVE COURT • APPELLATE COURT • CIVIL COURT • DISTRICT CONSUMER COURT • STATE COMMISSION • NATIONAL COMMISSION • HIGH COURT • SUPREME COURT

  6. HIGH COURTS HELD • Minorty cannot over rule majority • Injustice to minority cannot be done • Mou executed can be cancelled by the society • Once redevelopment agreement is done, it cannot be unilaterally cancelled. • Society to follow govt order • M-20 compulsory otherwise committee illegal

  7. Finally…….Prime Points for a Successful Venture • Implement Democratic Process to carry out the procedure • Project always to be….. By the People for the People • Existing Members to have first Say • Transparency and coordination to be maintained. • Maintain control on the process and procedure.

  8. For any further clarifications…. CONTACT: Maharashtra Societies Welfare Association Tel.: 022 - 42551414 A/2, 302, Laram Center, Opp. Rly. Stn., Near Bus Depot, Andheri (West), Mumbai 400058 E-mail : mswa.hsg@gmail.com

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