The court emphasized that registration of a Cooperative Housing Society without following proper jurisdictional authority and principles of natural justice is void ab initio.

JUDGMENT :

MILIND N. JADHAV, J.

1. Heard Dr. Warunjikar, learned Advocate for Petitioner, Mr. Khandeparkar, learned Advocate for Respondent Nos. 1 to 3 & 5 to 10, Mr. Keluskar, learned Advocate for Respondent No. 10, Mr. Butala, learned Advocate for Respondent No. 10 and Mr. Patil, learned AGP for Respondent No.12– State.

2. This is a Writ Petition filed by Promoter / Developer of a Housing Society. His name is Deshmukh Enterprises (for short “Promoter”). It emanates from an application made by Paramount Park D Wing Tenant Cooperative Housing Society Ltd (for short “Society”) seeking registration. The timeline and dates are crucial as also certain incidents. Promoter sold flats to members of the Society as far back in 2011. In this regard, the registered Agreement executed with Members of Society, Promoter agreed to register the Society under Maharashtra Ownership of Flats Act, (for short “MOFA”) or (Maharashtra Apartments Ownership Act (for short “MAO”) as the case may be depending upon phase wise development undertaken by him. Without adverting to Promoter , Society applied for registration under MOFA on 27.07.2020 and was registered within two days by Deputy Registrar, Dombivli - Respondent No.12. Promoter filed Complaint with Divisional Joint Registrar alleging fraud by members of Society and informing that one year prior thereto i.e. on 15.06.2019, Promoter executed Deed of Declaration for registration of Society under MAO as a Condominium. On Promoter’s complaint, Divisional Joint Registrar, Thane invoked suo moto inquiry into registration of Society and on the ground of execution of Deed of Declaration by Promoter in 2019, interalia, directed cancellation of registration of Society. Allegation of Society is that when this cancellation order was passed by Divisional Joint Registrar Thane, Society was not heard. Allegation of Promoter is that when registration was allowed by Deputy Registrar, Dombivli within two days of application made by Society, the Promoter was not heard. Promoter alleged that his signature and presence while registration of Society was impersonated and forged by some member of the Society. In this background Society being aggrieved filed Appeal No. Appeal No. 21 of 2022 before Hon’ble Minister of Cooperation challenging the twin orders both dated 18.11.2021. First order dated 18.11.2021 was regarding cancellation of registration of Society. Second order dated 18.11.2021 was regarding allowing application of promoter under Section 21A seeking Society's de-registration. By virtue of impugned order dated 21.06.2022, Hon’ble Minister of Co-operation allowed appeal of Society and set aside both orders dated 18.11.2021, restoring registration of Society. Promoter being aggrieved has filed the present Petition.

3. Dr. Warunjikar, learned Advocate for Petitioner, has made the following submissions:-

3.1. Respondent No. 1 - Society on its own accord filed application for registration without giving notice to Promoter nor addressed any correspondence seeking its registration on 27.07.2020 and on 29.07.2020 was issued registration certificate by Deputy Registrar, Dombivli. He would submit that application for registration was filed before Deputy Registrar, Dombivli, who had no jurisdiction to decide such application, instead the appropriate Competent Authority having such jurisdiction to grant registration was the Deputy Registrar, Thane since project was situated within the territorial limits of Thane district. Hence, according to Dr. Warunjikar this fundamental jurisdictional defect rendered the entire registration proceeding void ab initio.

3.2. He would submit Section 10(2) of MOFA creat