‘Illegal work not basis for society de-registration’

IF ANY UNAUTHORISED CONSTRUCTION WORK WAS CARRIED OUT, THE CIVIC BODY WAS EMPOWERED TO TAKE APPROPRIATE ACTION

Mumbai:registration of a co-operative housing society cannot be cancelled on the grounds that some of its members have carried out unauthorised constructions within their respective flats, the Bombay high court (HC) held on Monday.

“Registration of a society, granted under the provisions of the Maharashtra Co-operative Societies Act, 1960 cannot be set aside on the grounds that a few members of the society had carried out unauthorised constructions in their respective flats,” said Justice RD Dhanuka while striking down a May 1999 order of the secretary, co-operatives department.

The secretary had ordered cancellation of registration of Shiv Co-operative Housing Society at Jogeshwari (East), primarily on the grounds that a few members of the society had carried out unauthorised constructions within their respective flats. The deputy registrar, co-operative societies had on January 21, 1999, granted registration to the housing society.

The developer of the society, Bhavna Corporation, had appealed against the grant of registration given that a few members had carried out unauthorised constructions, and acting on the developer’s appeal, the order of May 1999 had been passed. The developer contended that the registration of the society was nothing short of putting a stamp of approval on the unauthorised works carried out by members of the society.

The society had carried the matter in appeal to the HC, where Justice Dhanuka rejected the developer’s argument.

The judge said if any unauthorised construction work was carried out, the municipal corporation was empowered to take appropriate action under provisions of the Mumbai Municipal Corporation Act, 1888.

Registration of the society cannot be cancelled merely because the civic body did not take the necessary action, the judge said.

“The impugned order passed by the learned Secretary to the Government of Maharashtra on May 20, 1999 is not only perverse but also contrary to the provisions of the Maharashtra Co-operative Societies Act, 1960 and also to the provisions of the Mumbai Municipal Corporation Act, 1888,” said Dhanuka.