De-registration of the Cooperative Housing Society – Section 21A of the Maharashtra Cooperative Societies Act, 1960 – Amended Section 14 of the Apartment Ownership Act.
The petitioners are flat purchasers. On 25.1.2021, the instrument to remove the property from the provisions of Apartment Ownership Act was registered. On 28.1.2021, on the application of the members the petitioner – society was registered.
On 27.12.2021, on the application of the respondent nos.5 and 6, the Divisional Joint Registrar had de-register the society and set-aside the registration certificate dated 28.1.2021.
It was said that there was misrepresentation in the formation of the society and the notices to the respondent nos.5 and 6 was necessary.
On 21.6.2022, the Minister of Cooperation had dismissed the revision of the petitioner – society.
HELD that the builder may have objection to registration to the extent of protection of his interests in respect of unsold flats. Once all flats in the building are sold and an apartment is formed, it is not necessary to hear the builder while registering society. Thus, no notices were not required to the developer / builder. There is no illegality in registering society on the same day of application. Power of de-registration of a society is drastic one and cannot be exercised in a routine manner.
Judgment dated 5.12.2023 Writ Petition No.8283 of 2022 of Meru Heights Cooperative Housing Society Limited and others Vs. The State of Maharashtra and others
