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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. HEMALEKHA
Rekha Kannan D/o Late K.S. Narayana Swamy – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioners challenge the society's registration for lack of consent. (Para 2 , 3) |
| 2. arguments presented regarding the legality of the society's formation. (Para 4 , 5) |
| 3. court's observations on the applicability of kao act versus kcs act. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's conclusion on the necessity of compliance with kao act. (Para 16) |
| 5. final orders issued by the court regarding the registration. (Para 18 , 19) |
ORDER :
1. Petitioners are seeking a writ of mandamus directing respondent No.2-Deputy Registrar of Co-Operative Societies (DRCS) to consider the representation dated 06.09.2024 at Annexure-A, to quash the impugned order of Registration of respondent No.4-Ramky One North Apartment Owners Co-Operative Society (hereinafter referred to as ‘the society’ for short) and for further reliefs.
2. Facts given rise to filing of this petition briefly stated are that:
Petitioners are owners of the apartment units in “Ramky One North” a residential complex situated at Avalahalli Village, Yelahanka Taluk, Bengaluru North having purchased from respondent No.5-Builder. Respondent No.4-Society formed by few of the Apartment owners of the Apartment
The court affirmed that the formation of an apartment owners' association must comply with the KAO Act for residential units, and registration under the KCS Act is not legally sustainable.
Promoters must disclose the precise nature of the organization (cooperative society or otherwise) in agreements, and unilateral declarations that lack collective consent do not comply with statutory ....
The Competent Authority must properly consider the provisions of the Acts and the validity of the 'deed of Declaration' when deciding on the registration of a housing society.
The registration of a cooperative society must involve the project promoter and comply with statutory procedures to avoid legal ambiguities and ensure fair representation.
Court ruled that separate societies for mixed-use buildings are permitted only if substantial independent functioning and separation exist, as required by statutory provisions.
The statutory rights of flat purchasers to form a co-operative society under the MOFA Act cannot be overridden by contractual obligations to join a defunct entity.
The court affirmed that flat purchasers have the statutory right to form a co-operative society independent of any existing company, as mandated by the MOFA Act.
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