Amitava Lala, J. - (1.) The petitioner is an individual member of a co- operative society. He is residing at flat No. 3 block 'C' of the first floor of the concerned building. His case is that he was keeping his motor car in a garage space of the building from 11th August, 1996. But he was prohibited from garaging the car by way of a decision taken in a special general meeting of the co-operative society. Accordingly, a notice was displayed in the notice board of the housing complex of the society.
(2.) Being aggrieved, the petitioner instituted a dispute case before the Registrar which resulted to an appointment of an Arbitrator and a resultant award in connection thereto. Such award was passed on 30th November, 1998. The Arbitrator rejected the prayer 'C' (such prayer is not known to this Court from the record) of the petitioner. The Co-operative Society was given liberty to allot a garage space in favour of the plaintiff in the disputed open space as per the terms and conditions that may be fixed up by the Board of the defendants in accordance with the law of land. So long the space is not available he was allowed to park the car without causing any obstruction. The award will be valid until the co-operative society alters/changes the nature of character/mode of use of the disputed open space in accordance with the Rule 149 of the West Bengal Co-operative Societies Rules, 1987.
(3.) Rule 149 of the West Bengal Co-operative Societies Rules speaks about the restriction of change in the scheme of the project and principle of projects for a co-operative housing society. Sub-Rule (2) is specific in this respect. No primary cooperative housing society shall make any change in the project of the project site without the approval of the general body and prior approval of the Registrar.;