Chapter II: Properties On The Plots Allotted By Cidco To Co-Operative Housing Societies

By Advocate S. R. Agarwal

Besides leasing out the plots by CIDCO as tender plots as discussed in the earlier Article, plots are allotted by CIDCO to various groups at concessional rates, decided from time to time, including Housing Co-operative Societies formed by the persons of 15 years domicile in Maharashtra.

As per the procedure, when a Society is proposed to be formed by a group of such people or after it is registered, CIDCO is approached for the allotment of a suitable plot to the Society for constructing the flats or apartments for the residence of the members of the Society. A list of such members is attached with the Letter of Allotment or Agreement to Lease of CIDCO as a proof of approved membership.

Initially, when the CIDCO started the allotment of the plots to such Societies in the eighties, there was no restrictive condition about the transfer or assignment of the right, title and interest in the flats by the members; but, subsequently, after a couple of years CIDCO started imposing the restrictions on the transfer or assignment of the flats or apartments, when it was known that the members were profiteering from such transactions. The relevant condition in the Letter of Allotment reads as under:-
“ The Society shall not permit its member to transfer his membership, save and except with the prior written permission of the Managing Director of the Corporation or any officer authorised by him.

Every permission granted by the Managing Director of the Corporation shall be subject to the payment of transfer charges in the manner and to the extent provided in Explanation (iii) to Clause ( vii) of Regulation: 3 of the New Bombay Disposal of Land Regulations, 1975, or as case may be prescribed by the Corporation from time to time.

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