Section 154B-29 of Mah.Coop Societies Act – Recovery Certificate – Parking charges / Penalty

By the order dated 29.2.2024, the Deputy Registrar issued Recovery Certificate for Rs.98,620/- against the petitioner and in favour of Respondent No.3 Society. This was challenged on the ground that it is without jurisdiction and powers.

Bye-law No.174(B)(iv) of the Model Bye-laws provide that the dispute pertaining to parking between the member and the society shall be filed under Section 91 of the Maharashtra Cooperative Societies Act, 1960.

However, Section 154B-29 of the Act provides for recovery of certain sums and arrears due to housing societies as arrears of land revenue.   It will apply notwithstanding Section 91 of the Act.  In other words, Section 154B-29 has overriding effect on Section 91.   Moreover, a revision will lie against the certificate issued under Section 154B-29 of the Act.

Bye-law No.174B(iv) applies to the parking dispute and Section 154B-29 of the Act applies to the recovery of parking charges.

Order dated 7.8.2024 of the Bombay High Court in Writ Petition [L] NO.14480 of 2024 of Smita P. Dalvi Vs. Deputy Registrar, Cooperative Housing Society and others