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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Vallabhnagar Co-operative Housing Society Limited – Appellant
Versus
State of Maharashtra (Through the Co-operation, Marketing and Textile Department) – Respondent
| Table of Content |
|---|
| 1. membership dispute arises from alleged lease breach in transfer. (Para 1 , 2 , 3 , 4 , 5) |
| 2. lease conditions mandatory; prior consent and premium required. (Para 6 , 7) |
| 3. society's letter grants conditional noc; 79a ceilings binding. (Para 8 , 9) |
| 4. lease clause 14 mandates prior written consent and premium. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. 2013 reply conditional on documents and charges, not waiver. (Para 16 , 17 , 18 , 19 , 20) |
| 6. authorities found substantial compliance with formalities and dues. (Para 21 , 22 , 23 , 24) |
| 7. section 79a directions impose binding ceilings on transfer premiums. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 8. dues limited to statutory demands; 154b-7 subordinate to act. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 9. lease terms consistent with act only; statutory compliance suffices. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 10. petition dismissed; orders upheld without costs. (Para 46 , 47) |
JUDGMENT :
AMIT BORKAR, J.
1. By this Petition filed under Article 227 of the Constitution of India, the petitioner Housing Society challenges the judgment and order dated 15 October 2025 passed by respondent No. 2 in Revision Application No. 192 of 2025. By
Housing society lease premiums capped by Section 79A directions; excess demands not enforceable 'dues'; membership grantable on statutory compliance despite conditional prior consent letter.
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.
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
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....
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....
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....
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