Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
Order dated 2.2.2026 of the High Court of Bombay in Writ Petition NO.1293 of 2026 of Amanul Ekramul Ansari Vs. The State of Maharashtra and others
Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
The petitioner had purchased the basement and parking area in the housing society and applied for membership. However, the said claim was rejected on the ground that the said property does not constitute “flat” within the meaning of Section 154B(1)(13) of the MC Societies Act.
HELD that It has been authoritatively held that the right to membership in such a society does not arise from mere occupation or physical possession of a portion of the building. The statute makes a clear distinction between possession and lawful entitlement referable to a recognised unit.
Membership is conditioned upon ownership, or a legally sustainable claim to ownership, of a “flat” as understood under the Act. The expression “flat” correspond to a unit contemplated in the sanctioned building plan. The statutory design, particularly under Section 154B-5, imposes ceilings and structural limitations which cannot be diluted by invoking the concept of deemed membership. The deeming provision operates within the boundaries of statutory eligibility. It cannot enlarge the class of persons entitled to membership beyond what the Act permits. Eligibility, therefore, flows from the sanctioned plan and the nature of the unit recognised therein. If the unit itself does not answer the statutory description, the question of automatic or 3 ::: Uploaded on deemed membership does not arise.
Moreover, the certificate of the Architect shows that the basement and parking space claimed by the petitioner are outside the FSI utilised for the building. If the basement and parking areas are outside the FSI component and are treated under the sanctioned plan as common areas or appurtenant facilities, they cannot acquire the character of an independent flat within the meaning of Section 154B(1)(13) of the Act.
A parking space or basement area, unless shown in the sanctioned layout as a self-contained residential or commercial unit, does not satisfy the statutory definition. The conveyance deed, however carefully drafted, cannot override the sanctioned plan or transform a common area into a separate flat for the purpose of claiming membership.
