Housing societies can’t be de-registered for illegal construction by some members: Bombay HC

Justice RD Dhanuka struc down a May 1999 order of the secretary, co-operatives department

Registration of a co-operative housing society cannot be cancelled on the ground that some of its members have carried out unauthorised constructions within their respective flats, the Bombay high court held on Monday.

The Bombay high court said it was the civic boy’s duty to see to illegal constructions in housing societies. (HT Photo)

“In my view, registration of society granted under the provisions of the Maharashtra Co-operative Societies Act, 1960 cannot be set aside on the ground that a few members of the society had carried out unauthorised constructions in their respective flats,” said justice RD Dhanuka while striking down a May 1999 order of the secretary, co-operatives department.

The secretary had ordered cancellation of registration of Shiv Co-operative Housing Society at Jogeshwari (East), primarily on the ground that a few members of the society had carried out unauthorised constructions within their respective flats.

The deputy registrar, co-operative societies had on January 21, 1999, granted registration to the housing society. The developer of the society, Bhavna Corporation, had appealed against the grant of registration on the ground that a few members had carried out unauthorised constructions within their flats, and acting on the developer’s appeal the order of May 1999 had been passed.

The developer contended that the registration of the society was nothing short of putting a stamp of approval on the unauthorised works carried out by members of the society, and therefore registration was liable to be cancelled.

The society had carried the matter in appeal to the high court, where justice Dhanuka rejected the developer’s argument. The judge said, “The alleged unauthorised construction done by few members of the society cannot be considered for the purpose of granting, refusing or for cancelling the registration of the society.”

The judge said if any unauthorised construction works were carried out by members of any society or by the society itself, the municipal corporation was empowered to take appropriate action against such unauthorised construction works under provisions of the Mumbai Municipal Corporation Act, 1888. Registration of the society cannot be cancelled merely because the civic body did not take such action against the unauthorised constructions, the judge said.

Justice Dhanuka struck down the order saying, “In my view, the impugned order passed by the learned Secretary to the Government of Maharashtra on 20th May 1999 is not only perverse but also contrary to the provisions of the Maharashtra Co-operative Societies Act, 1960 and also to the provisions of the Mumbai Municipal Corporation Act, 1888.”