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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar,
Krupa Zubin – Appellant
Versus
Divisional Joint Registrar, Cooperative Societies – Respondent
JUDGMENT:
1. By the present Writ Petition, invoked under Article 226 and Article 227 of the Constitution of India, the Petitioners, who are purchasers of premises in a building constructed and developed under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short, "MOFA Act"), have assailed the legality and validity of the order passed by the Competent Authority under Section 10 of the said Act, whereby a co-operative housing society of flat purchasers has been registered.
2. The facts giving rise to the present writ petition, as set out by the petitioners, are briefly enumerated herein below for the sake of clarity and completeness:
3. It is the case of the petitioners that respondent No.3– Company became the owner of the immovable property bearing C.T.S. Nos. 15, 16 and 16(1), admeasuring in aggregate 780.60 square metres, situated at Sion-Trombay Road, within the revenue limits of Village Deonar, Taluka Kurla, Mumbai, together with the building and superstructures standing thereon. It is submitted that under the Articles of Agreement dated 1st June 1982, respondent No.3–Company conferred de
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.
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 a promoter must be included as a member for cooperative society registration under the MOFA Act, ensuring compliance with statutory requirements.
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.
Valid agreements under the Maharashtra Ownership Flats Act entitle purchasers to society membership, and a pending civil suit does not bar membership conferment absent a restraining order.
The registration of a Federal Society under the Maharashtra Co-operative Societies Act must comply with the provisions of both the MCS Act and RERA, and is contingent upon project completion.
An appeal under Section 152 of the Maharashtra Cooperative Societies Act is maintainable against an order of registration made under Section 9, as the registration process is governed by the MCS Act.
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