June 17, 2020 12:45:42 am
The Bombay High Court on Tuesday refused to entertain or pass directions on a PIL seeking uniform guidelines for housing societies for the period of the Covid-19 lockdown and said grievances can be raised before the competent authority under the law for cooperative housing societies.
A division bench of Chief Justice Dipankar Datta and Justice K K Tated heard through videoconference a plea by advocate and Mumbai resident Yusuf Iqbal Yusuf, seeking uniform guidelines for housing societies in view of “arbitrary and unreasonable” restrictions framed by some.
The PIL stated that managing committees, which govern housing societies, have no experience in healthcare, and have framed guidelines on the basis of improper and incomplete information. Yusuf’s PIL also states that some societies have gone to the extent of insisting that visitors prove that they have tested negative for the novel coronavirus.
Advocate General Ashutosh Kumbhakoni on Tuesday submitted that the state does not interfere with housing societies and it only intervenes in case of financial irregularities or violation of laws by the societies. He said disputes or grievances can be taken to competent authorities under the law for cooperative societies.
Yusuf argued that the petition was in the larger interest, raising concerns over unreasonable restrictions put by some societies. The bench orally observed that the disputes were of an internal nature and members can decide among themselves.
The court asked the petitioner to give specific instances and later suggested him to withdraw the plea and said he can move to an appropriate forum. The bench disposed of the plea after the petitioner withdrew it.
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