Bombay High Court
Viva Hall Mark E Wing Co -Op. Hsg. ... vs The State Of Maharashtra And Ors on 19 October, 2022
Bench: C.V. Bhadang
10-wp-1617-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1617 OF 2021
Viva Hall Mark 'E' Wing Cooperative
Housing Society Ltd. (Proposed) through
its Chief Promoter Mr. Niraj Rajput ...Petitioner
V/s.
The State of Maharashtra and Ors. ...Respondents
----
Mr. Rajesh Jain a/w. Mr. Rohit Jain i/b. Legal Juris, for the
Petitioner.
Mr. S. D. Rayrikar, AGP for the Respondent Nos.1, 3 and 4 /
State.
Ms. Wati Sagvekar, for the Respondent No.2.
Digitally
MAMTA
signed by
MAMTA
AMAR
----
AMAR KALE
KALE Date:
2022.10.19
17:39:01
+0530
CORAM : C.V. BHADANG, J.
DATE : 19 OCTOBER 2022
Judgment :
. Rule made returnable forthwith. The learned counsel for
the Respondents waive service. Heard finally by consent of
parties.
2. The Petitioner Viva Hall Mark 'E' Wing Co-operative
Housing Society Ltd. (Proposed) through its Chief Promoter Mr.
Niraj Rajput had filed an application under Section 10(1) of the
Maharashtra Co-operative Societies Act, 1960 for registration of
Mamta Kale page 1 of 5
10-wp-1617-2021.doc
the society comprising of the members / flat purchasers in
Building 'E' in respect of which construction is admittedly
complete.
3. The District Deputy Registrar Pune (Rural) (DDR) by an
order dated 20 August 2016 passed in Application No.7/2016
has rejected the application, interalia placing reliance on Clause
19 of the agreements executed between the second Respondent -
Developer and Builder and the members of the Petitioner -
Society.
4. Feeling aggrieved, the Petitioner challenged the same
before the Divisional Joint Registrar of Cooperative Societies
Pune in Revision Application No.271/2016. The Divisional
Joint Registrar has rejected the revision application by order dated
6/7 June 2019 thereby confirming the order dated 20 August
2016 passed by the DDR Pune. Hence, this petition.
5. I have heard the learned counsel for the parties. Perused
record.
6. The learned counsel for the Petitioner has submitted that
the construction of all the five buildings namely Building A to E
of Phase I is complete and the declaration to that effect is
furnished by the Respondent - M/s. Viva Swaraj to the
Competent Authority under the Maharashtra Real Estate
Mamta Kale page 2 of 5
10-wp-1617-2021.doc
Regulatory Authority Act2017, on 27 July 2017. He submits that
there are only five buildings, which are proposed to be
constructed as per building plan. This aspect is disputed on
behalf of the second Respondent stating that there are nine
buildings of which four are yet to be completed and that
construction has been stalled pending the obtaining of an
environmental clearance.
7. The learned counsel for the Petitioner has placed reliance
on the decision of this Court in (i) Sukhsagar Co-operative
Housing Society Ltd. and Anr. Vs. State of Maharashtra and Ors.
, (ii) Padmavati Construction Co. and Ors. Vs. State of
Maharashtra and Anr. 2, (iii) M/s. Noopur Developers Vs.
Himanshu V. Ganatra and Ors. 3, (iv) Om Sai Pratibha Co-op.
Hsg. Soc. Vs. State of Maharashtra and Ors. 4, (v) Ratna Rupal
Co-operative Housing Society Ltd. Vs. Rupal Builders and Ors. 5
and (vi) Pioneer Urban Land and Infrastructure Ltd. Vs.
Govindan Raghavan 6
in order to submit that the Competent
Authority namely the DDR has only to look into the compliance
of Section 8 and 9 of the 1960 Act. Therefore, reliance placed by
the authorities below on Clause 19 of the agreement, in refusing
12004(3) Mh.L.J. 1010
22007(1) Bom.C.R. 609
32010(2) ALL MR 791
42002(5) Bom.C.R. 177
52011(5) Bom.C.R. 561
6AIR 2019 SC 1779
Mamta Kale page 3 of 5
10-wp-1617-2021.doc
to register the society is unwarranted. He submits that even
otherwise the construction of all the buildings in Phase I as per
the sanctioned plan is complete and therefore, it was the
responsibility of the Respondent No.2 to form the society.
8. The learned counsel for the Respondent No.2 has pointed
out that a similar issue about registration of a society relating to
Building No.A and B is pending before Divisional Joint Registrar.
She has pointed out the order dated 10 October 2022 passed by
this Court in Writ Petition No.11685/2017 by which the delay in
filing the said revision has been condoned and the revision
application has been expedited to be decided within a period of
three months from the date of the appearance of the parties.
9. I have considered the submissions made.
10. It appears that the decisions on which reliance is sought to
be placed on behalf of the Petitioner were not brought to the
notice of the Divisional Joint Registrar. It can also be seen that
similar issue about the registration of the society in respect of
Building No.A and B is pending before the Divisional Joint
Registrar. Thus, in my considered view, it would be appropriate
if the Divisional Joint Registrar decides the revision application
afresh and in accordance with law. The parties will have the
benefit of bringing to the notice of the Divisional Joint Registrar
subsequent developments, if any and the decisions on which
Mamta Kale page 4 of 5
10-wp-1617-2021.doc
reliance is sought to be placed on behalf of the Petitioner.
11. In that view of the matter, the petition is partly allowed.
The impugned order dated 6/7 June 2019 passed by the
Divisional Joint Registrar Pune is hereby set aside. Revision
Application No.271/2016 is hereby restored to the file of
Divisional Joint Registrar for disposal, according to law. The
parties to appear before the Divisional Joint Registrar on 14
November 2022. The parties will be at liberty to produce
additional documents, if any, before the Divisional Joint Registrar
within one week from the date of appearance. The Divisional
Joint Registrar shall proceed to hear the revision application as
expeditiously as possible and the same shall be decided within a
period of three months from the date of appearance of the parties.
Rival contentions of the parties, on merits, are left open. Rule is
made absolute in the aforesaid terms, with no order as to costs.
C.V. BHADANG, J.
Mamta Kale page 5 of 5
