Back
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
| Table of Content |
|---|
| 1. writ petition heard finally to quash membership orders (Para 1 , 2) |
| 2. developer sold refuge areas as flats post-deemed conveyance (Para 3) |
| 3. non-existent flats sales invalid violating membership limits (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 17 , 18) |
| 4. societies cannot refuse membership over flat validity (Para 12 , 13 , 14 , 15 , 16) |
| 5. framing issue on admitting buyers of disputed flats (Para 19) |
| 6. plans and assessments confirm refuge not residential flats (Para 20 , 24 , 25) |
| 7. deemed conveyance divests developer sales rights (Para 21 , 22 , 23) |
| 8. membership limited to existing flats under s.154b-5 (Para 26 , 27 , 28) |
| 9. videocon inapplicable to non-existent refuge areas (Para 29 , 30 , 31 , 32 , 33) |
| 10. impugned orders quashed original refusal restored (Para 34 , 35 , 36) |
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 afte
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
