The society members have pointed out that as per the provisions of the Societies Registration Act XXI, 1860, under which the AWHO is registered, it cannot transfer any property without the prior approval of the court.
A group of ex-servicemen, who have alleged irregularities at the Salunke Vihar Army Welfare Co-operative Housing Society (AWCHS) in Kondhwa, has questioned the legality of the sale deed dated February 20, 1997, executed by the Delhi-based Army Welfare Housing Organisation (AWHO) with the Salunke Vihar AWCHS.
They have pointed out that as per the provisions of the
Societies Registration Act XXI, 1860, under which the AWHO is registered, it cannot transfer any property without the prior approval of the court.
As reported by DNA (November 13, ‘Charges of fraud in Salunke Vihar’), this society which is home to very senior retired defence officials, is currently in the spotlight over a series of allegations.
These relate to alleged irregularities pertaining to a) the unauthorised transfer of 33.5 acres of land belonging to the state government through questionable changes in land records, b) the violation of the conditions of allotment by the district collector, Pune, with respect of the number of dwelling units to be constructed and sold, and c) the role played by the AWHO, the body that constructed the housing complex.
Colonel (retd) KK Sharma, a resident of the society who is among those who have challenged the Salunke Vihar managing committee said, “The AWHO is the occupant of the land granted to it by the collector of Pune vide his order dated June 30, 1980, and the AWHO cannot transfer the property to any entity.”
The Act also clarifies that a transfer cannot be made either by sale, gift, exchange, charge or mortgage. Documents show that the AWCHS executed a sale deed on February 20, 1997, wherein the AWHO is the ‘vendor’ selling the land to the ‘purchaser’, AWCHS.
The deed transfers the title, rights and interest of the said land to the AWCHS, which was represented by the then chairman, Lt Gen (retd) BT Pandit.
“The AWHO is wrong on two counts. First, it had no marketable title of the land to sell or transfer it to any entity. Second, it cannot do so as per the provisions of the Act it is registered under,” said Capt (retd) PS Chandiok, another resident.
He emphasised that the transfer of the land was also executed without the prior consent of the collector of Pune in contravention to the conditions of allotment as stipulated on June 30, 1980, viz. - “Except for Maharashtra Land Revenue Code, 1966, section 36/4 prior sanction of district collector of Pune, the land should not be transferred or leased and mortgaged”.
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