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Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield

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Judgment dated 20.9.2025 of the High Court of Bombay in Writ Petition (Stamp) No.20114 of 2025 of Rizvi Chambers Premises Cooperative Housing Society Ltd  Vs. District Deputy Registrar, Western Suburbs, Mumbai and others with connected writ petitions.

Liability of Maintenance – Developer – Section 101 of MCS Act & Intimation of Disapproval

The petitioner society filed proceedings for recovery of maintenance against the Developer.

Recovery Certificate under Section 101 of the MCS Act was issued on 18.5.2022. The Creditor-Housing Society filed recovery proceedings under Rule 107 and a notice of attachment of immovable property was issued under Rule 107(1) of the Rules.

The Developer objected on the ground that he was promoter / developer of the building and handed over the premises to the BMC as condition of Intimation of Disapproval.   Therefore, he was not liable to pay the maintenance.

HELD that once a recovery certificate under Section 101 is issued against a person and the record of the Society show that such person is either a member or in occupation of the premises within the Society, the Special Recovery Officer is bound to execute the certificate as per Rule 107.   He cannot decline execution merely on the ground that the property is alleged to have been handed over to the Corporation, unless there is credible and unimpeachable material establishing that no certificate is issued against him and that he holds an independent title altogether un-connected with the Society.   Only in such a situation, the objection can be entertained and execution refused.

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