Housing societies, it seems, are the new levelers, with none other than the mighty Bachchans engaged in a dispute with one of these collectives. Superstar Amitabh Bachchan and his son Abhishek are embroiled in a nasty battle with the New India Cooperative Housing Society Ltd over their bungalow Janak, which they use as their private office.
Back in 2004 and 2005, the family had bought six flats in the building from the previous owners. Recently, when they applied for the membership in the society, the managing committee demanded an 'exorbitant' transfer fee. Bachchans were ready to pay Rs 25,000, the legally acceptable fee in case of transfer, but reportedly the society members wanted more.
Several legal notices were exchanged between the two parties and the matter finally reached the deputy registrar. The bungalow at the heart of the dispute, Janak, was earlier known as Nyoma and was owned by one Kantaben Patel.
Spread over 967.36 sq metres, it had six flats. After Patel's death, the property was taken over by a trust as per her will. The trustees sold four flats to Bachchans in 2004. Rest of the flats, sold to two private companies first, were also bought by Bachchans in 2005. The entire property was renamed Janak.
Since the plotis a part of New India CHS, Bachchans applied for membership to the society last year and sent them a cheque for Rs 25,000. The society, however, declined their request. The society's managing committee sent two letters to Bachchans in March and June 2012, stating that the sale of the propertyas well as its use as an office was illegal.
Apart from that, they cited many other reasons for not transferring the property to Bachchans, and asked them to vacate the space. The society also refused to accept the transfer fee sent by Bachchans, claiming that the family owned another property in the neighbouring society in Juhu, where the transfer fee was well over Rs 50 lakh.
"The consideration for transfer of the property is inadequate and grossly undervalued and it being nowhere at the present market value is not acceptable to the society," the society's letter said. Sources revealed that the society was expecting Rs 3 crore, calculated at 10 per cent of the market value of the property, as transfer fee.
Bachchans retorted to the claim by stating that Rs 25,000 was the justified amount as per society laws. They said there was nothing wrong in buying those flats, and using them as personal office. "The society ought to grant consent for assignment of plot and refrain from doing anything contrary to law. Our clients have always been ready and willing to pay legitimate transfer fee to the society and to comply with all applicable laws, rules, regulations and byelaws," responded ABZ Partners, a legal firm hired by the Bachchans.
With no clear end to the dispute, the Bachchans finally approached the deputy registrar's office. The case came up for hearing on March 25 and the next hearing is on April 8. The Bachchans were not available for comments. Mohan Patel, former secretary of the society, said, "The mater is now with the deputy registrar and I cannot discuss it."
Past Imperfect
The New India Cooperative Housing Society is not new to controversies. Recently, the High Court gave an order against the society in a similar case. Unmesh Kamdar, another owner, had bought a plot in the same society on N S Road under the Juhu Vile Parle Scheme from one Harshad Patel in 2004. Kamdar filed an application for society membership on March 30 in 2005. On April 14 the same year, the society rejected his application, citing that his transfer fee was inadequate.
Kamdar then approached the Deputy Registrar of his ward, who declared him a member on August 7, 2006. The society continued their fight by filing a revision application with the Divisional Joint Registrar the following year, which was also rejected in May. Finally, the society filed a writ petition in the High Court in 2007, challenging the interim judgment of the Divisional Joint Registrar. After a six-year legal battle, Kamdar won the case and the court order dismissed the petition.
- By Arita Sarkar
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