Case Note & Summary
This judgment pertains to two companion writ petitions before the High Court of Judicature at Bombay. Writ Petition No. 571 of 1995 was filed by the owners/developers (legal heirs of the original developer) of a building named Bharat Vihar, situated at S. No. 19/1(A), Erandwane, Pune. They challenged the order dated 26 September 1994 passed by the Joint Registrar, Cooperative Societies (Appeals), Pune Division, which allowed a revision application filed by the flat purchasers and remanded the matter of registration of a cooperative housing society to the Deputy Registrar for de novo consideration. The owners contended that since the building had already been subjected to the provisions of the Maharashtra Apartment Ownership Act, 1970, no cooperative society could be formed. Writ Petition No. 2638 of 1995 was filed by the flat purchasers challenging the declaration dated 19 September 1992 by the owners/developers that submitted the building to the Maharashtra Apartment Ownership Act, 1970. The background involved a land development project by a construction company, a compromise decree in a partition suit among the family members in 1991, and agreements for sale of flats to several purchasers. Construction was completed by September 1992, after which the declaration under the Apartment Ownership Act was registered. The flat purchasers applied for reservation of the name of a cooperative society, but the Deputy Registrar rejected the application on 8 February 1993 on the ground that the property was already governed by the Apartment Ownership Act. The flat purchasers filed a revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960. The Joint Registrar allowed the revision on 26 September 1994, rejecting the objection and remanding the matter for fresh consideration. On remand, the Deputy Registrar registered the society on 20 December 1994. In the High Court, the owners challenged the remand order, but since they did not challenge the subsequent registration, their petition became infructuous. The Court, therefore, discharged the rule in Writ Petition No. 571 of 1995. The text of the judgment is incomplete, and the final order in Writ Petition No. 2638 of 1995 is not available in the provided excerpt.
Headnote
A) Cooperative Societies - Registration - Bar under Maharashtra Apartment Ownership Act, 1970 - Section 154, Maharashtra Cooperative Societies Act, 1960 - Deputy Registrar rejected application for registration of cooperative society on ground that building was already subjected to Apartment Ownership Act; Joint Registrar in revision allowed the application and remanded for de novo consideration, holding that registration could not be denied solely on that ground; subsequently on remand, society was registered - Held that challenge to the remand order became infructuous as registration was granted and not challenged (Paras 4-5).
Issue of Consideration
Whether the formation and registration of a cooperative housing society is permissible after the building has been subjected to the Maharashtra Apartment Ownership Act, 1970
Final Decision
Writ Petition No. 571 of 1995: Rule discharged as infructuous due to subsequent registration of the society and lack of challenge to it. The final order in Writ Petition No. 2638 of 1995 is not available in the provided incomplete judgment text.
Law Points
- Interplay between Maharashtra Apartment Ownership Act
- 1970 and Maharashtra Cooperative Societies Act
- 1960 regarding formation of cooperative society after building subjected to apartment ownership
- registration of cooperative society not automatically barred by prior submission to Apartment Ownership Act
