In a ruling that reinforces strict interpretation of membership rules under the Maharashtra Cooperative Societies Act, 1960 (MCS Act), the Bombay High Court has dismissed a writ petition challenging the denial of society membership to a buyer who purchased only a basement and parking area.
Justice Amit Borkar, in his order dated February 2, 2026, in Writ Petition No. 1293 of 2026 (Amanul Ekramul Ansari vs. State of Maharashtra & Ors.), upheld the Revisional Authority’s decision to set aside an earlier appellate order granting membership. The court held that a basement and parking space do not qualify as a “flat” under Section 154B(1)(13) of the MCS Act, and therefore cannot form the basis for membership in a cooperative housing society.
Background of the Case The petitioner, Amanul Ekramul Ansari, claimed ownership of a basement and parking area through a registered conveyance deed dated December 12, 2019. On August 17, 2020, he applied for membership in Respondent No. 4, a cooperative housing society. When the society failed to communicate a decision within the statutory period, he invoked the appellate remedy under Section 22(2) of the MCS Act on the same day.
The Appellate Authority, by order dated July 12, 2021, directed the society to grant membership based on the material placed before it. Aggrieved, the society filed Revision Application No. 575 of 2023 before the State Government (Revisional Authority), which allowed the revision and set aside the appellate order.
The Revisional Authority held that the purchased area — a basement and parking space — did not answer the description of a “flat” under Section 154B(1)(13) of the MCS Act, rendering the membership claim unsustainable.
Petitioner’s Arguments Represented by Advocate Anish Karande and team, the petitioner argued that the scope of inquiry under Section 22(2) is limited and does not permit adjudication on the validity of title or legality of a registered instrument. He further contended that the society’s silence triggered deemed membership, relying on an earlier Bombay High Court decision in Videocon Appliances Ltd. vs. Maker Chambers V Premises Coop. Socy. Ltd. (2005).
Court’s Reasoning Justice Borkar rejected these contentions, relying heavily on the recent Bombay High Court judgment in Uday Dalal & Ors. vs. Divisional Joint Registrar & Ors. (WP No. 15089 of 2025, decided December 5, 2025). Key observations include:
- Membership in a cooperative housing society (under Chapter XIII-B of the MCS Act) is conditioned upon ownership or lawful entitlement to a “flat” as defined in Section 154B(1)(13) — a self-contained unit corresponding to the sanctioned building plan.
- The statutory scheme distinguishes between mere possession and lawful entitlement referable to a recognised unit in the approved layout.
- Deemed membership (arising from the society’s failure to reject within time) operates only within statutory eligibility boundaries. It cannot enlarge membership rights beyond what the Act permits.
- The architect’s certificate annexed to the conveyance deed showed the basement and parking spaces were situated outside the Floor Space Index (FSI) utilised for construction. FSI reflects the permissible built-up area sanctioned by the planning authority.
- Units outside FSI are typically treated as common areas or appurtenant facilities (not independent flats). A conveyance deed, “however carefully drafted,” cannot override the sanctioned plan or convert a common area into a separate flat for membership purposes.
The court concluded that the Revisional Authority committed no jurisdictional error or perversity. Its finding was based on the statutory definition, sanctioned plan, and material on record. No grounds existed for interference under writ jurisdiction.
Outcome The writ petition was dismissed with no order as to costs. The ruling reaffirms that membership rights in Maharashtra cooperative housing societies are strictly linked to ownership of a sanctioned “flat” — not basements, parking spaces, or other common-area components.
This decision serves as a strong precedent for societies to reject membership claims based on non-qualifying units and warns buyers against relying solely on registered deeds for areas not recognised as independent flats in building plans.
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