Bombay High Court pulls up deputy registrar for not conducting elections as per Maharashtra Co-operative Societies Act and unnecessarily forcing redevelopment on building residents
Navyug Sagar CHS Ltd in Walkeshwar has 11 flats and is spread over 2,422.72 sqm. Pic/Sameer Markande
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In a major embarrassment for the registrar office, the deputy registrar had to submit an unconditional apology before the high court over unethical practices in a South Mumbai housing society. The deputy registrar not only didn't conduct society elections as per norms, but also forced the society to go under redevelopment with a well-known builder. The 2015 matter came to light after residents of the sea-facing 40-year-old society in Walkeshwar fought with the system and moved the Bombay High Court.
Musical chairs
The irregularities happened in Navyug Sagar CHS Ltd, which as 11 flats and is spread over 2,422.72 sqm. On September 5, 2015, a resident asked then deputy registrar of D ward to dissolve the society committee over mismanagement; Jaydeep Salunkhe was appointed as the authorised officer to carry out daily work of the society.
On September 18, nine out of the 11 members submitted a request letter to the deputy registrar to appoint a returning officer, so that election for the committee could be held; however, nothing came out of that even after reminders and a Special General Meeting (SGM) on November 27.
Then, an SGM held on January 23, 2016, suddenly raised the topic of society's redevelopment. On March 17, Ganesh Dongre was appointed the authorised officer, who failed to take care of the society's day-to-day work, leading to non-payment of bills. Then, on July 26, U D Pingle was appointed the authorised officer.
"All of a sudden, Pingle formed a redevelopment committee and made himself its chairman. This is against the law, as redevelopment doesn't come under the registrar office. Also, non-members were included in the committee," said Advocate Khan Javed Akhtar.
The last straw
"On September 22, 2016, Sandeep Khot was appointed the authorised officer, followed by appointment of deputy registrar Dr Sunil Kothawale as chairman of the redevelopment committee on October 6."
To the residents' shock, an SGM was called on June 11, 2017, to appoint a developer. "This was finalised without any intimation [to the residents]; no information was shared with society members. So, in November 2017, we took the matter to the high court, which questioned Kothawale for not following tje Maharashtra Co-operative Societies Act," added Khan.
Observing that wrongdoings had taken place, HC sought a reply from Kothawale, who then submitted an affidavit, accepting that the Act and rules were not followed for conducting society election. He tendered a "sincere and unconditional apology" for the manner in which the election process was initiated.
V for victory
Abhay Kumar Daga, a resident
'Many wrongdoings were happening in the society, which forced us to move court. Finally, we have got justice; we are happy'
A resident
It's a prime property worth hundreds of crores; many developers have their eye on it. Had we residents not been united, our society would have gone under redevelopment and we would all be in a transit camp right now'
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