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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Girish Sahakari Griharachana Sanstha Maryadit – Appellant
Versus
Mallikarjun Madhavrao Navande – Respondent
| Table of Content |
|---|
| 1. membership dispute from plot transfer and unauthorized construction. (Para 1 , 2 , 3 , 4) |
| 2. non-residential use and absent prior consent bar membership. (Para 5 , 6 , 7) |
| 3. statutory compliance trumps land use for membership eligibility. (Para 8 , 9 , 10) |
| 4. refusal limited to act, rules, and bye-laws grounds. (Para 11 , 12 , 13 , 14 , 15) |
| 5. land use distinct from cooperative membership disqualification. (Para 16 , 17 , 18 , 19) |
| 6. lease consent clause subordinate to section 23 rights. (Para 20 , 21 , 22 , 23 , 24) |
| 7. revenue code breach not cooperative membership disqualification. (Para 25 , 26) |
| 8. unauthorized construction fails to extinguish membership title. (Para 27 , 28 , 29 , 30) |
| 9. revisional authority order upheld; petition dismissed. (Para 31 , 32 , 33 , 34) |
JUDGMENT :
AMIT BORKAR, J.
1. By the present petition instituted under Articles 226 and 227 of the Constitution of India, the petitioner Housing Society has invoked the supervisory and writ jurisdiction of this Court to assail the judgment and orders passed by the authorities under the Maharashtra Co-operative Societies Act, 1960, whereby respondent no. 1 has been directed to be admitted as a member of the s
Co-operative society cannot refuse membership under Section 23 of MCS Act on grounds of non-residential use, lease prior consent breach, or unauthorised construction unless expressly disqualifying un....
The main legal point established in the judgment is that the impugned notices issued by the Society were valid, as the petitioner failed to fulfill the obligation to undertake construction within the....
The court determined that membership restrictions under Section 28 of the Maharashtra Co-operative Societies Act do not bar property ownership by a member and were excluded for housing societies, all....
Membership in co-operative housing societies is contingent upon the clearance of all outstanding dues, including those of previous owners, as established in the Maharashtra Co-operative Societies Act....
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
The mandatory condition for membership in a cooperative housing society requires that all dues be cleared before any transfer of membership is effective, regardless of the buyer's prior obligations.
A nominee of a deceased member in a co-operative housing society must be admitted as a member under mandatory statutory provisions, provided there are no competing claims.
A public trust registered under the Bombay Public Trust Act, 1850 is competent to enter into a contract and can become a member of a co-operative society, subject to the provisions of the Gujarat Co-....
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