MUMBAI: The Bombay High Court has annulled an order from the deputy registrar of cooperative societies for the K-West ward, which had instructed a housing society in Oshiwara, Andheri West, to approve film producer and director Vipul Shah’s request to merge four flats across two floors. Justice Amit Borkar stated on Monday that the decision exceeded the authority outlined in the Maharashtra Co-operative Societies Act, 1960, asserting that such power cannot be exercised.
The Oberoi Springs CHSL contested the deputy registrar’s ruling under sub-clause 3 of Section 154B-27, which pertains to the society’s obligation to act and the registrar’s enforcement powers.
In July 2024, Shah sought permission from the society for a No Objection Certificate (NOC) to merge four flats on the 34th and 35th floors and to install an internal staircase. However, the society denied the NOC in August 2024. Following an appeal by Shah, the deputy registrar mandated on March 24, 2025, that the society must grant the NOC for Shah’s proposal to be submitted to the BMC.
The society’s legal representatives, Abhishek Sawant and Ameet Mehta, argued that the deputy registrar lacked the jurisdiction to issue such a directive. Shah’s attorney, Kunal Bhanage, contended that the society was wrong to deny the necessary NOC, asserting that the registrar has the authority to compel the society to provide permission as outlined in the sub-clause, which includes ‘for any other purpose’.
Justice Borkar clarified that the sub-clause allows members to request a certificate for selling or mortgaging their flat or for other purposes, emphasizing that the terms specifically imply ownership transfer and do not cover structural changes like amalgamation. “The phrase ‘or for any other purpose’ should be contextualized with similar matters of sale or mortgage,” he stated. He added that the request for merging flats relates more to structural changes, which fall under the jurisdiction of the planning authority according to development control regulations. While the society’s input can be considered, the ultimate decision lies with the planning authority. Justice Borkar concluded that Section 154B-27(3) does not empower the registrar to force the society to issue an NOC for such consolidation.
