2024:BHC-AS:43110 4-WP-8337-2009.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8337 OF 2009 Shri Vasant Buddhiram Gonte …Petitioner/

Age : Adult, Occ.: Service R/at : Flat No. 54, Building No.C-1, ‘B’ Wing, Raut Baug, Dhankawadi, Pune – 411 043.

Promoter of Proposed Prathamesh C-1 CHS Ltd.

S. No.31/6/1, 31/6/2, 2-8+9+10B, Dhankawadi, Pune – 411 043.

Versus

1) State of Maharashtra [Hon’ble Minister (Co-operation)] …Respondents at Mumbai.

2) The Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune, Sakhar Sankul, Shivaji Nagar, Pune – 411 005

3) The Deputy Registrar Co-operative Societies, Pune Division, Pune, Sakhar Sankul, Shivaji Nagar, Pune – 411 005

4) M/s Raut Construction Company, 1068, Shukrawar Peth, Lane No.5, Subhashnagar, Pune – 411 002.

Ms. Medha Jondhale, Mr. Anand Jondhale, Ms. Rajnandini Jondhale, Mr. Harshvardhan Shinde, Advocates, for the Petitioner.

Mr. Hamid Mulla, AGP, for the Respondent Nos.1 to 3-State.

Mr. Vaibhav Ugle a/w. Mr. Vikas Somwanshi, Advocates, for the Respondent No.4.

CORAM: MADHAV J. JAMDAR, J.

DATED : 12^th SEPTEMBER 2024 JUDGMENT :

1. By the present Writ Petition preferred under Articles 226 and 227 of the Constitution of India, challenge is to the legality and validity of the following orders passed by the authorities under the provisions of the Maharashtra Co-operative Societies Act, 1960 (“MCS Act”):-

(i) Order dated 11^th March 2005 passed by the Deputy Registrar, Co-operative Societies, Pune City (4), Pune passed in Application No.21 of 2005 by which said application for registration of the proposed “Prathamesh C-1 Co-operative Housing Society Ltd.” (“the proposed society”) has been rejected.

(ii) Order dated 2^nd February 2006, passed by the Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune dismissing the Appeal No.23 of 2005 filed by the Petitioner- Proposed Society.

(iii) Order dated 26^th May 2009 passed by the Minister of Co-operation rejecting Revision Application No.35 of

2008 filed by the Petitioner-Proposed Society.

Thus, in effect the challenge is to the order by which registration of the proposed society has been rejected and the same is confirmed by the higher authorities.

2. The impugned orders are passed on the ground that the Respondent No.4 who is the developer has submitted deed of declaration before the Respondent No.3 i.e. the Deputy Registrar, Co-operative Societies, Pune Division, Pune under the provisions of the Maharashtra Apartment Ownership Act, 1970 (“the Apartment Act”). It is stated that as there is specific bar under sub-Section 2 of Section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer), Act, 1963 (“MOFA”) providing that if the promoter submits such property to the provisions of the Apartment Act, by executing and registering the declaration as provided by Apartment Act then it shall not be lawful to form any co-operative society or company.

3. Ms. Medha Jondhale, learned Counsel appearing for the Petitioner- Proposed Society raised the following contentions:

(a) The ULC authorities have passed exemption order dated 6^th February 1990 under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (“ULC Act”). In the said exemption order, it is stated that the Respondent No.4 while applying for the exemption under Section 20 of the ULC Act has specifically mentioned in the Application that the scheme of construction of tenements would be governed by the MOFA and by the MCS Act.

(b) She pointed out clause No.11 and Clause No.14 of the Agreements executed with individual flat purchasers (MOFA Agreement) and submitted that the said clauses specifically provides that society will be formed of the flat purchasers. She also pointed out declaration which flat purchasers have executed as more particularly mentioned in the MOFA Agreement (Page 33 of the Writ Petition).

(c) She pointed out the dates of Agreement of all the flat purchas