Question :

Sir, I have a plot in Airport Employs Cooperative Housing Society (AECHS), Rawalpindi. I have transfer letter in my own name (I am second owner). The Society had granted Possession letter to first owner 6 years ago (which I have not transferred to my own name).
The management of the society has recently drilled a water bore one foot away from my plot front boundary wall and roughly midway along the length of this front boundary wall. Through this bore they have started supplying water to Society main tank. When I complained to them that this water bore is inside flower belt of my plot and this will give me financial loss in the form of customer shying away from buying the plot and more importantly this will deprive me of water in case I want a water bore for myself use in future.

I have only reasoned with them that I have no problem of any sort about services like sewerage/ gutter pipelines, electricity lines/ poles, gas pipe lines or water pipe lines passing in front of my house and under flower belt. But water is a utility for which the Society charges Rs. 200 per member each month. The Society buy land from someone willing to sell them land and drill water bore on that land.

To this they told me that they have drilled the water bore for the interest of Society and if they need they will cancel my possession, and or half my plot, and or relocate my plot to somewhere else. They told me that they have these provisions in their by-laws. Their statement is clearly a sign of use of excessive or offensive rules (if there are such in by-laws) to quite me against this unjust act. I even asked them that I can buy this water bore from them by paying the cost incurred by them in installments provided they tell me market competitive price. To which they told me satirically that their bores cost them ten times of market cost which clearly I cannot pay.

Sir kindly help me that do I justify in challenging Society for this water bore in my plot flower belt. Are there any rules allowed by government of Pakistan that bar these cooperative housing societies from usurping rights of member this way and immediately frightening members by laws about further loss.

Sir this plot is my only possession of life’s hard work and I want this problem to resolve unambiguously and justly as these Societies are known to take “stay order” from court if put to trial (which I fear most as I think this will make my plot useless for uncertain period of time). Can you kindly tell me some Laws of Pakistan that can help me in this situation (if I am on right!) which I can refer to them so they at least stop their attitude of offensive rules (only for their benefits) and surrender this water bore to me against reasonable payment.

Thank you and May Allah helps you.

Answer:

  1. They have no such right and its also violation of their rules and rgulation framed by Registrar Co operative as this water facility has already been mentioned in Plan (submitted for NOC before Registrar)in a safe area . please file a suit before Registrar Co operative and get a stay order agaisnt society.

  2. you may contact our Rawalpindi office for further consultation.

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