By Legal Bureau
Registered Bye-laws of the Society – Society can prevent the member from carrying out the structural alterations without its consent
“But in the case, noticed that the regulations are described as Form ‘A’ annexed to Schedule 4 and the said Schedule 4, it can be seen, are manifestly part and parcel of the Bye-laws. By a simple process of logical ratiocination, it must followed that the Regulations form part and parcel of the Bye-laws. The Bye-laws are registered by the Registrar, they are signed by the requisite number of members of the Society. The regulation of the bye-laws by the Registrar and the adoption of the bye-laws by the Society must result in registration of the regulations and adoption of the regulations by the Registrar and the Society, respectively. This would be position ipso facto and I find scant justification for taking any other view.
The disputant member agrees that he will not bring about structural alterations in the flat allotted to him without the consent of the Society. The step taken by the Society to prevent the member from carrying out the structural alterations without its consent is therefore, a perfectly legitimate step.” [M/s. Sai Chhaya C.H.S. Ltd., vs. Municipal Corp. of Gr. Bombay., reported in 1996 C.T.J. 318 (Bom. H.C.)].