SHRENIK COOPERATIVE HOUSING STY LTD Vs. AMC

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner society filed this special civil application under article 227 of the Constitution of India and prayer has been made for setting aside the order dtd. 9/7/98 of the respondent No.2 and further to restrain the respondent No.3 from proceeding further with the construction of commercial complex on plot No.2 of the society.

(3.) It is the case of the petitioner that the society has resolved that no member can use the plot in which flats are to be constructed for nonresidential purposes and no member can carry on any professional activities like, club, gymkhana, lodging and boarding, guest-house, nursing home, hospital, health club, or any other commercial activities. The grievance of the petitioner is that the plot No.2 is meant for residential purposes but the respondent No.3 has started construction thereon of a commercial complex. This special civil application has been filed by the society through its Chairman, Pramukhlal C. Patel.