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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
Dheeraj Dreams Building No. 1 CHS Ltd. – Appellant
Versus
Divisional Joint Registrar, Co-Operative Societies – Respondent
JUDGMENT :
FIRDOSH P. POONIWALLA, J.
1. RULE. Rule made returnable forthwith and heard finally with the consent of the parties.
2. The present Writ Petition is filed seeking the following final reliefs:-
“(a) That this Hon'ble Court be pleased to call for the records of the proceedings conducted before Respondent no.1 in Revision Application Nos.44/2021, 45/2021,46/2021, 47/2021 and 48/2021, and after examining the legality and propriety of the same, be pleased to set aside and quash the order dated 22.07.2022, being Exhibit K hereto directing the Petitioners to admit Respondent no.3 & 4 as members of the Petitioner Societies on the basis of the purported 5 registered agreements for sale dated 30.04.2019 purportedly executed by Respondent no.7 in respect of nonexistent flats in favor of Respondent no.3 & 4 by issuing a by a Writ of Certiorari, or a Writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India, and to restore the Order dated 19.10.2020 passed by Respondent no.2.
(b) That this Hon'ble Court be pleased to further call for the records of the proceedings before Respondent no.2 in Execution Application No. 18
Housing societies cannot admit members for non-existent refuge area spaces sold as flats by divested developer, as it violates membership limits; distinguishes from unauthorized construction disputes....
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
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.
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Substantial compliance with statutory provisions ensures the legality of auctioning flats by a cooperative society, fulfilling the legislative intent while safeguarding member interests.
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