NOC not required from Registrar for Redevelopment – Bandra Nisha Co-op Soc.

Key Facts

  1. No Court-Approval Needed for Redevelopment
    The court clarified that the District Deputy Registrar (DDR) has no legal authority under the Maharashtra Cooperative Societies Act to require or provide a “No Objection” for a housing society’s redevelopment.
    The General Body of the society holds the authority to make this decision.
  2. Role of the General Body
    Only the General Body can approve redevelopment, following the society’s bye-laws and relevant Government Resolutions.
    A majority-approved decision is legally binding.
  3. Registrar’s Role is Supervisory
    The DDR’s role is only to supervise, not to interfere or control. They cannot mandate a “No Objection,” nor can they block a redevelopment approved by the society.
  4. Challenge Mechanisms
    If a member believes the process is unfair, they must approach a Cooperative Court for redressal.
    The absence of a “No Objection” does not invalidate a decision made through proper procedure.

Practical Steps for Societies

  • Ensure an Authorized Officer is present at meetings for developer selection.
  • Maintain detailed records (minutes, attendance, approvals).
  • Follow documented procedures to strengthen legitimacy.

Directions to Registrars

  • Stop requiring “No Objection” certificates for redevelopment.
  • Strictly limit their role to oversight and ensuring transparency.
  • Reinforced by court order—compliance and no interference.

Bottom Line

This ruling protects the autonomy of housing societies in redevelopment decisions, clearly stating that registrars cannot veto or control these processes. The focus is now on transparency, proper procedure, and majority-based decision-making within the society itself.

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