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Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.

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Section 23(2) of MC Societies Act – Membership of Society

Respondent no.4 was registered as housing cooperative society on 2.5.1996. 

The membership granted to the respondent no.3 for flat No.8 which is only a servant room attached to flat no.1.  Such a membership is violates Sections 154B-1(13), 154B-2, 154B03 and 154B05 because the disputed premises is not shown as a flat in the sanctioned plan.

Creation of a new membership is permitted by treating a servant quarter or outhouse as an independent flat.  Unless the premises appear in the sanctioned plan as a flat, the society cannot create membership on that basis.

Judgment dated 5.12.2025 of the High Court of Bombay in Writ Petition No.15089 of 2025 of Uday Dalal and others  Vs.  Divisional Joint Registrar, Cooperative Societies, Mumbai and others with connected matters

 

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