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Registrar can’t direct housing society to subject NOCs to its member: HC – india information


Mumbai. The Bombay excessive courtroom final week stayed an order handed by a deputy registrar of co-operative societies within the metropolis, directing a co-operative housing society at Dindoshi to subject no-objection certificates to one among its members for enchancment and alter of person of his premises.

“In my prima-facie opinion the Deputy Registrar of Cooperative Societies ex-facie didn’t have any jurisdiction and authority to subject such a path to the petitioner society to subject a NOC as contained within the order,” mentioned justice Girish Kulkarni whereas staying order issued by the deputy registrar, P ward.

Performing on a grievance lodged by the member, the deputy registrar had on July 9, 2019 directed Shree Raghunandan co-operative housing society to subject vital NOCs to the member for becoming a member of 4 tenements and changing person of the premises from residential to industrial.

The housing society then moved HC, by means of advocate Mohit Jadhav, difficult the order on numerous grounds.

The order was purportedly handed beneath Part 79(2)(a) of the Maharashtra C o-operative Societies (MCS) Act, 1960, however justice Kulkarni opined that the deputy registrar had no energy to subject such a path.

In my prima facie opinion, it’s clearly a dispute between a member and the society, which might require adjudication earlier than another discussion board, mentioned the choose.

The choose mentioned part 79(2)(a) offers with compliances to be made by co-operative societies and confers energy on the deputy registrar to subject vital orders to make sure the statutory compliances like submitting of returns and so on.

“It’s tough to conceive that the character of the grievance as made by respondent no. 3 (member) earlier than the Deputy Registrar invoking Part 79(2)(a) for issuance of inter-alia fireplace NOC and a NOC for enhancements can in any respect fall throughout the purview of this provision,” mentioned justice Kulkarni.

The choose added that to learn such large powers to subject such instructions as contained within the impugned order beneath Part 79(2)(a) would quantity to studying one thing into the availability which the legislature has not offered for and in reality if that’s the case construed would quantity to one thing opposite to the statutory scheme of the MCS Act 1960.

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