MUMBAI: Bombay high court observed that the whole objective of formation and registration of a co-operative housing society is to ensure all decisions relating to management of affairs of the society and its building are collectively taken by all unit purchasers and upheld two orders of a divisional joint registar of Oct 2023 and of a deputy registrar of societies that held 12 shop purchasers to be on par with regular members of the society and that the society shall not discriminate between the two sets of members.
The divisional joint registrar had confirmed a Sept 2022 dy registrar order which directed inclusion of names of 12 shopkeepers as society members. The HC found no reasons to interfere with the deputy registrar’s order and rejected a petition filed last year by a Vivina cooperative housing society as being “devoid of merits.”
The shopkeepers, represented by advocates Nilkant Bhadrashete and Harsh Malhotra, said they were being deprived of any role in management of society by not being allowed to be members and were made “mere nominal members under a consent term with the builder.” The HC after hearing senior advocate Vijay D Patil for the society said the intention of legislature is that every person who has a right in a unit must be permitted to take part in management of affairs of the society.
The order by Justice Sandeep Marne of Feb 24 was made available on Wednesday. Justice Marne said it was “inconceivable that the society permitted the developer to construct 16 shops in the premises… but would insist… purchasers of the said 16 shops cannot take part in management of affairs of society. Tomorrow, if the society decides to levy unreasonable amount of maintenance in respect of shops, the shop purchasers would not be in a position to oppose… by taking part in the general body meeting.” The society had said during redevelopment, it had agreed to let the builder construct shops with the existing untilised FSI of 3000 sq ft that was available. By consent, it was later agreed shops would be given nominal membership.
