Case Note & Summary
The petitioner, Adarsha Gruha Nirman Sahakari Sanstha Maryadit, a cooperative housing society, filed a writ petition challenging the construction activities being carried out by the respondents on Plot No. 89, which was originally allotted to the father of respondent Nos. 1 and 2. The respondents, claiming to be the daughters of the deceased plot owner, sought a no-objection certificate from the society for construction, which was initially granted on 26.09.2011. Subsequently, the Nagpur Municipal Corporation sanctioned the building plan on 21.01.2013 and renewed it on 27.08.2014. The society contended that the application for NOC indicated that a copy of the agreement was enclosed, but the society alleged that the respondents were not the legal heirs and that the construction was unauthorized. The respondents argued that the society had no authority to decide on title disputes and that the NOC had already been granted. The court examined the limited role of a cooperative society in issuing NOCs, which is confined to ensuring compliance with its by-laws and not to adjudicate on title or succession issues. The court held that the society cannot refuse NOC on the ground that the applicants are not the legal heirs, as such disputes are to be resolved by a civil court. Additionally, the court noted that a writ petition under Article 226 is not maintainable against private respondents, especially when the dispute involves questions of title and succession. Consequently, the court dismissed the petition, leaving it open to the society to approach the civil court if it so desires. The rule was discharged with no order as to costs.
Headnote
A) Cooperative Law - No Objection Certificate - Scope of Society's Power - Maharashtra Cooperative Societies Act, 1960 - The society's role in issuing NOC for construction is limited to ensuring compliance with its by-laws and not to adjudicate on title disputes between members or their legal heirs. The society cannot refuse NOC on the ground that the applicants are not the legal heirs of the original allottee, as such disputes are to be decided by a civil court. (Para 4) B) Writ Jurisdiction - Maintainability Against Private Parties - Constitution of India, Article 226 - A writ petition under Article 226 is not maintainable against private respondents, especially when the dispute involves questions of title and succession which require adjudication by a civil court. The High Court declined to interfere in the matter. (Para 5)
Issue of Consideration
Whether a cooperative housing society can refuse to issue a no-objection certificate for construction on a plot allotted to a member on the ground that the applicants are not the legal heirs of the original allottee?
Final Decision
The writ petition is dismissed. The rule is discharged. No order as to costs. The petitioner is at liberty to approach the civil court if so advised.
Law Points
- Cooperative Society cannot refuse NOC for construction on plot allotted to member
- Society's role limited to ensuring compliance with by-laws
- Title dispute not to be adjudicated by society
- Writ petition not maintainable against private respondents
