Browsing Tag

Maharashtra Co-operative Societies Act

9 posts
Bombay HC largely upholds award in favour of Goregaon Pearl society against developer, confirms termination and ₹7.08 cr claim, but directs refund of additional FSI purchase costs.

Bombay HC: Dy Registrar Cannot Cancel Society Membership or Decide Flat Ownership in Title Disputes

Bombay HC: Dy Registrar has no power under Sec 79 to cancel membership or decide ownership when serious title dispute exists over flat.
Appellate court: managing committee can't dodge liability in society dispute merely by claiming honorary office status.

Managing Committee Has No Power to Evict Member: Co-op Court Ends 38-Year Dispute in Favour of Member

Co-op Appellate Court holds managing committee cannot terminate occupancy of owned shops; 1988 eviction decree against Dahisar firm set aside after 38 years.
Appellate court awards ₹2 lakh to senior citizen after society failed to resolve years of terrace leakage complaints.

Society’s No to Commercial Use Binding: Court Stops Flat Owners from Conversion

The Thane Co-operative Court has ruled that if a society decides no to commercial activity, its members cannot turn residential flats into business premises.
“In a verdict that will resonate across Maharashtra, the Bombay High Court has held that the lives and safety of housing society members cannot be held hostage to a developer’s commercial interests. After 13 years of complete inaction, the Court refused to block redevelopment, declaring: the right to safe homes must prevail over builder profits.”

One Member Complaint Insufficient to Trigger Enquiry Against Managing Committee

Bombay HC holds that Registrar cannot order Section 83 enquiry solely on one member’s complaint. Independent application of mind is mandatory for suo moto action under the MCS Act.
Appellate court: managing committee can't dodge liability in society dispute merely by claiming honorary office status.

Kandivali CHS Election Quashed: Court Orders Fresh Polls Over Counting Irregularities

In a major ruling, the Maharashtra Co-operative Appellate Court has upheld the quashing of Neighbourhood CHS Ltd’s 21 May 2023 election in Kandivali, citing serious counting irregularities and violation of election rules, and ordered fresh polls.