Housing Society NOC for Consolidation of Flats
judgment dated 10.11.2025 of the High Court of Bombay in Writ Petition No.6591 of 2025 of Oberaoi Springs Cooperative Housing Society Ltd Vs. The Deputy registrar, Cooperative Society and others
Section 154B-27(3) of MC Societies Act – Registrar cannot compel Society for NOC for consolidation of flats
Society Flat Merger Vs. Sale – Bombay HC Explains why Registrar cannot intervene
No NOC by force : Bombay HC Upholds Society Autonomy in Consolidation of Flats cases
Section 154B-27 provides for obligation of society to take action and Registrar’s powers to enforce.
Sub-section (3) of Section 154B-27 provides that –
“The application submitted by a Member to the society for the certificate or certificates for sale of his flat or mortgage it for obtaining loan or “for any other purpose”, shall be decided by the society…..”
The words “for any other purpose” came up for consideration, interpretation and decision in the context of NOC for “consolidation of four flats”
In that context, it was HELD that since the provision relates to the specific purposes of sale and mortgage flat, the words “any other purpose” do not include construction, amalgamation or alteration of structure.
“Any other purpose” must relate to the matters of sale or mortgage. Consolidation of flats involve structural changes and therefore, has nothing to do with sale or mortgage of flats.
In other words and in simple terms, the Registrar can intervene only when the member needs certificate from the society only in connection with sale and mortgage of the flat.
This is how, it is interpreted that the said provision does not allow the Registrar to decide every dispute between a member and a society.
