3 min readMar 22, 2013 01:09 AM IST
First published on: Mar 22, 2013 at 01:09 AM IST
Tenants of the Netaji Cooperative Housing Society Limited have accused the caretaker authorities of Maharashtra State Housing Corporation Limited (MSHCL) of violating the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction,Sale,Management and Transfer) Act,1963 (MOFA) besides allegedly transferring the society’s 11.5 acre land illegally to Maharashtra Housing & Area Development Authority (MHADA).
The tenants are not willing to reconcile and accept MHADA’s offer to avail 2.5 FSI for their existing buildings during redevelopment and for the development of portion of vacant land on the society premises,arguing they do not want to become’ ‘lease holder’ of the land whose ‘ rightful ownership’ is with them.
“As per Section 11 of MOFA,it is mandatory for MSHCL to execute conveyance deed in favour of our society. Further,as per the rule nine of the Act,the promoter is bound to convey the title within four months from the formation/ registration of the society. The non-execution of the title in favour of the society is nothing but criminal offence under Section 13 of the Act,” said Nandan Bhawkar,secretary,Netaji Cooperative Housing Society Limited.
While accusing the caretaker directors of MSHCL for ‘dual sell’ of the property,he said,“The authorities concerned sold the entire property to MHADA on November 24,2011,even after promising to convey the same to our society. The society had cleared the total cost of land and buildings and a ‘no dues’ certificate was issued by the MSHCL to us in June 2007. This is clearly a case of selling the same property to two different entities.”
Acting in contravention of the certain provisions of the Transfer of Property Act 1882 are other allegations that the society tenants have levelled against the MHADA authorities.
“Even after summons were served to MHADA authorities among other respondents,the MSHCL caretaker director (who is the chief officer of MHADA Pune board) went ahead and registered a sale deed in favour of MHADA. This is clear violation of the Transfer of Property Act 1882,” said Bhawkar.
Reacting to the allegations,MHADA chief officer (Pune board) Rajendra Nimbalkar said that the MOFA does not apply to MHADA. On other charges levelled by tenants,he said the district court has issued its verdict in favour of MHADA weighing all pros and cons of the issue.
“We have just now completed the survey of the portion of vacant land on the society premises where 11-storey building for the needy has been proposed. We will fence the site by building a compound wall around it soon,” he said.
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