The Bombay high court quashed and set aside an order of the deputy registrar, co-operative societies of K-West ward in Bombay, which directed a housing society at Oshiwara, Andheri West in Bombay, to grant permission to a member — film producer-director Vipul Shah — to merge four flats on two floors. Justice Amit Borkar on November 10 said that the order travels beyond the scope of the Maharashtra Co-operative Societies Act, 1960.
Oberoi Springs Co-op. Hsg. Society Ltd. challenged the order of the deputy registrar and got the order of the HC.
In July 2024, Vipul Shah applied to the housing society for permission to amalgamate four flats — two each on 34th and 35th floors — and for an internal staircase between the floors. In August that year, the society refused to grant an NOC. On Vipul’s appeal, the deputy registrar on March 25, 2025, directed the housing society to grant an NOC for Shah’s regularisation proposal to be submitted to the Brihanmumbai Municipal Corporation.
Justice Borkar said, sub-clause 3 of section 154B-27 of the Maharashtra Co-operative Societies Act allows a member to apply for a certificate for sale or mortgage of flat or for any other purpose. Both relate to ownership and transfer of interest in the flat and “not construction, amalgamation or alteration of structure”. The judge further said that a request for permission to consolidate four flats before the planning authorities (BMC) had nothing to do with sale or mortgage. “Consolidation of flats involves structural changes… Such decisions are taken by the planning authority under development control regulations. The society’s views may be taken. However, the final authority lies with the planning authority,” the judge remarked. “Section 154B-27(3) does not give power to the registrar to compel the society” to issue NOC for such consolidation, he added.