2017 (1) ABR 673 ::(2018) 7 AllMR 169 (BOM)

Bombay High Court

Hon'ble Judge(s): S. C. Dharmadhikri, B. P. Colabawalla , JJ

(A) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (45 of 1963) S. 10 (2) — Formation of co-operative society — Application for, by flat purchasers — As per amendment to S 10(2) in 1974 promotor could submit property to provisions of Maharashtra Apartment Ownership Act (1970), by executing and registering deed of declaration — Additional burden was put on Promoter to inform Registrar about the same — Once both these conditions are fulfilled, it was not lawful to form any co-operative society or company as contemplated under Section 10(1) — Promotor executing, unilateral deed of declaration behind back of flat purchasers — Flat purchasers were never informed that property they were purchasing was going to be submitted to provisions of Maharashtra Apartment Owners Act — Flat purchasers filing application for formation of co-operative society — This unilateral execution and registration of Deed of Declaration by promoter submitting the property to provisions of MAO Act cannot be impediment in considering application of flat purchasers for formation of a co-operative society Maharashtra Co-operative Societies Act (24 of 1961), S 9 (Paras 21, 22, 23, 49)