Permission for flatted building on a plot of coop housing soceity – Byelaws or amendment not registered / approved is not valid and enforceable

Judgment dated 4.9.2023 of the High Court of Bombay, Bench at Aurangabad

Byelaws or amendment of byelaws is not valid till registered / approved by the Authority – Permission for flatted building –

Sections 9, 13 and 14 of the Maharashtra Cooperative Societies Act, 1960 –

Section 91 of the Act has no application to the dispute relating to the permission for flatted building and the un-registered or un-approved Byelaws containing the prohibition therefor.

Respondent nos.1 and 2 are transferees of the plot no.13 of the petitioner no.1 society vide sale-deed / lease deed dated 26.11.2012.  The society rejected their application for construction of flatted building on the ground that byelaw No.165(a) does not permit construction of flatted building.B

However, it was found that the said byelaw was not approved by the Cooperative Authority.

By the order dated 11.1.2017 of the respondent no.3 Taluka Deputy Registrar permitting flatted building on the plot flat society and confirmed in revision by the order dated 25.5.2018 by the respondent no.4 Divisional Joint Registrar.

Writ Petition No.9190 of 2018 – Vinayak Adarsha Cooperative Housing Society Ltd, Shahanoorwadi Aurangabad Vs. Smt. Indumati Laxminarayan Wadkar and others