Case Note & Summary
The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a writ petition challenging the refusal of the respondents to register the proposed society under Section 22 of the Maharashtra Housing and Area Development Act, 1976 (MHADA Act). The dispute arose from the redevelopment of a dilapidated building in Bavla Compound, Mumbai. The petitioners had applied for registration as a cooperative housing society to undertake redevelopment under the MHADA Act. The respondents, including the State of Maharashtra, MHADA, the Mumbai Building Repairs and Reconstruction Board, the High Power Committee, and the Municipal Corporation of Greater Mumbai, refused to register the society on the ground that construction of the new building was not complete. The petitioners argued that Section 22 of the MHADA Act does not require completion of construction as a condition for registration and that the refusal was arbitrary. The respondents contended that registration could only be granted after construction was complete and possession was handed over. The court analyzed the provisions of Section 22 and held that the language of the section does not impose any such condition. The court noted that the purpose of registration is to facilitate the redevelopment process and that a proposed society is entitled to seek registration to enable it to enter into agreements, obtain approvals, and carry out construction. The court found that the High Power Committee's decision to reject the proposal was arbitrary and unsustainable. The court allowed the writ petition and directed the respondents to register the proposed society under Section 22 of the MHADA Act within a specified period. The court also disposed of the connected chamber summons.
Headnote
A) Cooperative Housing Societies - Registration of Proposed Society - Section 22 of the Maharashtra Housing and Area Development Act, 1976 - The petitioners, a proposed cooperative housing society and its promoters, sought registration under Section 22 of the MHADA Act for redevelopment of a dilapidated building. The respondents, including MHADA and the High Power Committee, refused registration on the ground that construction was not complete. The court held that the language of Section 22 does not require completion of construction as a precondition for registration. A proposed society is entitled to seek registration to facilitate redevelopment. The refusal was arbitrary and violative of the petitioners' rights. (Paras 1-23)
Issue of Consideration
Whether a proposed cooperative housing society can seek registration under Section 22 of the Maharashtra Housing and Area Development Act, 1976, and whether the respondents were justified in refusing such registration on the ground that construction was not complete.
Final Decision
The court allowed the writ petition and directed the respondents to register the proposed society under Section 22 of the Maharashtra Housing and Area Development Act, 1976 within a specified period. The connected chamber summons was disposed of.
Law Points
- Proposed cooperative housing society is entitled to seek registration under Section 22 of the Maharashtra Housing and Area Development Act
- 1976
- MHADA cannot refuse registration on the ground that construction is not complete
- High Power Committee's decision to reject proposal was arbitrary and unsustainable
