[nkj203]

A cooperative society for allottment of plot to its members was formed in the year 1991 in district ghaziabad in utter pradesh by purchasing land from the farmers. Fl
However, a builder took over the society and started building flats in the land. He has taken permission for construction of flat in the land on the ground that due to green belt the land will be less and therefore original 250 members cannot be given plot. There is no such things as green belt. Around 100 members have resigned on some consideration.the payment for land was made in the year 1992 at the rate of rs. 50000 for 100 sq yrd plot. Total flats is around 1200. The builder had offered rs. 6 laks for plot size of 100 sq yars. Or a flat costing around 24 laks at a discounted price of rs. 10 lakhs. Some members have given option for taking flats in discounted rate. Some members have agreed to take the land price which he has worked out. But the buider has not given the money. Therefore there is no trust on the builder. Members are not paying the instalments of the amount fixed for taking flat. Some members have not taken a decision on which side to go and waiting for something to happen so that they can take the decision. Few members are interested in plot only. Is it possible to get the plot. Can they go to court and on what grounds. Will court help them.

[AK lawyer]

... the payment for land was made in the year 1992 at the rate of rs. 50000 for 100 sq yrd plot. ...

100 square yards seemed to me an extremely large area for a single grave. But upon further reflection, I now realize that you said nothing about the purpose of the society. What were the plots to be used for?

... is it possible to get the plot. can they go to court and on what grounds. will court help them.

I would think that the circumstances by which the builder "took over" the cooperative society could be examined in court, yes. I would argue that the plan to build flats is ultra vires. Did he buy the majority of the memberships, or what?