KARACHI, Feb 27: Owners and purchasers of plots in a co-operative housing society are entitled to full membership of the society with all concomitant rights, including the right to vote, a division bench of the Sindh High Court held on Wednesday.
Setting aside an order passed by the provincial co-operatives minister in September 2005, the bench, which consisted of Justices Munib Ahmed Khan and Farrukh Zia Shaikh, observed that Section 17-B of the Co-operative Societies overrode the rules framed under it and the bylaws of individual societies. A person acquiring property from a past member also acquires membership irrespective of any restriction imposed by bylaws.
According to the provision, a member of the cooperative housing society or a society dealing in housing development shall cease to be a member of the society in case all his interests in its immovable property are transferred in favour of any other person by sale, inheritance, gift or otherwise, and the person acquiring such interests shall, subject to rules, be admitted as a member.
The question was agitated by some owners of plots in Bahadur Yar Jang Co-operative Housing Society, Karachi. The society’s bylaws initially allowed full membership only to Muslim migrants from Hyderabad Deccan. Full membership rights were later conferred on their legal heirs residing in the society. The membership dwindled as more and more original members and their descendants sold their plots and houses. According to the petitioners’ counsel, Aamir Aziz Khan, only 182 out of around 651 existing members of the society are of Hyderabad Deccan descent but they have no right to vote or participate in the management of the society.
Allowing the petition, the bench observed that Section 17-B was inserted to meet the changing requirements, protect the societies from extinction owing to the expiry or absence of original members or their heirs and facilitate their smooth working. The number of original members may shrink to less than 30, the minimum required to sustain a co-op society. The very concept of co-operation requires equal rights. How will two non-member plot owners resolve their dispute through arbitration? The society itself can face the same situation when dealing with a non-member plot owner. The intention of the sponsors or original members of a society may remain sacrosanct only if they sell their plots to persons fulfilling the membership criterion. But if they sell their properties indiscriminately to the highest bidder, the original character of the society must undergo a change in accordance with the amended Societies Act.
Allotment policy
The Sindh High Court dismissed on Wednesday four petitions moved by three health officials and a college teacher against eviction from official accommodation at Bath Island, Clifton.
Dr Sharaf Ali Shah, senior registrar at the Civil Hospital; Dr M. Talib Shaikh, eye specialist at the Sindh Services Hospital; Dr Malika Khalid Jafri, town health officer, Jamshed Town; and Dr Rubina Jamshed, associate professor, Government College for Women, submitted that they had been in peaceful possession of their official residences for years but the Sindh services and general administration department issued them eviction notices in November 2006 for no rhyme or reason. They were said to have been allotted the official accommodation in violation of a policy drawn up in 1999. They submitted through Advocate M. Ilyas Khan that the policy could not be given retrospective effect so as to eject them.
Contesting the petitions on behalf of the provincial government, Additional Advocate-General M. Ahmed Pirzada stated that the petitioners were served several notices even before the impugned order. According to the allotment letters issued to them in 1986, their stay was subject to any change in the rules and regulations. They had agreed to all the terms and conditions, including the government’s authority to seek eviction.
The AAG said a comprehensive policy was formulated in 1999 to supersede all previous rules. Under the new policy, only government servants working in the Sindh civil secretariat, Karachi, were eligible for official accommodation in the city, subject to availability. The provincial government has no legal obligation to provide residential accommodation to any government servant and no government servant has any legal right to claim official residence. Provincial government secretaries and members of the revenue board were to be given priority in allotment of accommodation at GOR-I, Bath Island, while the Bath Island flats were meant for deputy secretaries and other civil servants working at the secretariat.Dismissing the petitions, a division bench consisting of Justices Munib Ahmed Khan and Farrukh Zia Shaikh directed the government and its services and general administration department to enforce the allotment policy uniformly without any discrimination. Action should be taken against other unauthorized residents, if any.
Milk price
The Sindh High Court gave the city district government another 15 days on Wednesday to work out retail price for milk in consultation with all the stakeholders.
The milk sellers had initially challenged the CDGK-fixed price of Rs28 per litre last year. They submitted through Advocate Naeemur Rehman that the price was too low to meet the cost of production, least of all fetch them any profit. They also challenged the CDGK’s authority to fix a price and enforce it with coercive measures. After the parties’ failure to agree on a price, the court fixed the interim retail price of Rs32 per litre. The CDGK took measures to ensure that the retailers adhered to the court-fixed price and the petitioners again complained of harassment.
CDGK counsel Manzoor Ahmed said the price was fixed and was being enforced in the public interest. Prices would shoot up if no curbs were placed on overcharging. The CDGK had no reason to harass traders and wanted only to protect the supply of an essential commodity at a reasonable rate.
The bench asked the parties to reach a consensus within 15 days and adjourned further hearing to March 13.
Dear visitor, the comments section is undergoing an overhaul and will return soon.