Case Note & Summary
The petitioner, Vinayak Adarsha Co-operative Housing Society Ltd., challenged the judgment and order of the Divisional Joint Registrar dated 25.05.2018 in Revision Application No. 11/2017, which confirmed the order of the Taluka Deputy Registrar (respondent No. 3) dated 11.01.2017. The Taluka Deputy Registrar had allowed respondent Nos. 1 and 2, who were transferees of plot No. 13 from the original allottee, to raise construction of a flatted building on the plot. The society had purchased land and divided it into plots for its members, with bye-laws governing the society's functioning. The original allottee of plot No. 13 resigned from membership and executed a sale deed/lease deed dated 26.11.2012 in favour of respondent Nos. 1 and 2, along with the existing construction on the plot. The respondents then applied to the society for permission to construct a new building, but the society refused. The respondents approached the Taluka Deputy Registrar under Section 23(2) of the Maharashtra Co-operative Societies Act, 1960, who allowed their application. The society filed a revision before the Divisional Joint Registrar, which was dismissed. The society then filed the present writ petition. The court examined the society's bye-laws and found that they did not prohibit construction on plots. The court noted that the original allottee had already constructed a structure, and the transfer included that structure. The court held that the society could not unreasonably withhold permission if the member complied with the bye-laws. The court found no illegality or perversity in the impugned orders and dismissed the writ petition, upholding the orders of the authorities below.
Headnote
A) Co-operative Law - Housing Society - Permission to Construct - Bye-laws - The issue was whether a housing society could refuse permission to a transferee member to construct a building on a plot that had an existing structure built by the original allottee. The court held that the society's bye-laws did not prohibit construction, and the member had a right to seek permission. The Registrar's order allowing construction was upheld. (Paras 2-10) B) Co-operative Law - Transfer of Plot - Rights of Transferee - Section 23(2) of Maharashtra Co-operative Societies Act, 1960 - The court considered that the original allottee had constructed a structure and then transferred the plot with the structure to the respondents. The court held that the transfer did not extinguish the right to construct, and the transferee could seek permission for new construction. (Paras 3-8) C) Co-operative Law - Revision - Section 154 of Maharashtra Co-operative Societies Act, 1960 - The Divisional Joint Registrar's order in revision confirming the Taluka Deputy Registrar's order was challenged. The court found no perversity or illegality in the revisional order and dismissed the writ petition. (Paras 9-10)
Issue of Consideration
Whether a co-operative housing society can refuse permission to its member to raise construction on a plot transferred to the member, when the original allottee had already constructed a structure on the plot and the society's bye-laws do not prohibit such construction.
Final Decision
The writ petition is dismissed. The impugned orders of the Taluka Deputy Registrar dated 11.01.2017 and the Divisional Joint Registrar dated 25.05.2018 are upheld. Rule discharged. No order as to costs.
Law Points
- Co-operative society cannot unreasonably withhold permission to construct if member complies with bye-laws
- Transfer of plot with existing construction does not extinguish right to construct
- Registrar's power under Section 23(2) of MCS Act to decide disputes
- Revision under Section 154 of MCS Act
