Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
In 2007, the respondent no.1 developed and constructed the Brite building and also surrounding areas of the plot.
In 2011, part occupancy certificate for 5th to 10th floors of Brite building was given.
On 20.8.2-13, full occupancy certificate for ground plus four floors was given for A building.
However, the respondent no.1 did not form society for the sold 44 units in the building.
On 22.11.2022, 31 flat purhasers of the petitioner society filed application for registration of the society.
This was objected on the ground that the entire project was not comleted, as per clause 10 of the agreement of sale the respondent no.1 has sole discretion to form society and only 22 members i.e. 39.28% of total members had supported the application.
On 28.4.2023, the respondent no.4 recorded that insption showed separate entrance, wate tank, electricity meter for A wing, OC was given in 2013 and therefore, directed registration of the petitioner society under Section 10 of MOFA. However, this was set-aside in appeal on the ground that constructioni of B and C wings was incomplete. Respondent no.2 dismissed the revision of the society on the ground that all three wings have common amenities and formation of separate society would result in disorderly structure.
Judgment dated 16.1.2026 of the High Court of Bombay in Writ Petition No.15754 of 2025 of 360 Degree Business Park Premises Coop. Society Limited Vs. Brite Tools Private Limited and others
