Neelkanth Woods Registration Ordered Within 8 Weeks

Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 24 September 2026

Petitioner: Neelkanth Woods Villa Owners Coop. Hsg. Soc., represented by Chief Promoter Mr. Vrundavan Pandurang Wani.
Respondents: State of Maharashtra & Ors., and Respondent No.4 (unnamed party).
Petition No.: 8307 of 2026.
Counsel: Mr. Shriram Kulkarni (for petitioner); Mr. Karl Tamboly (for Respondent No.4); Ms. S.D. Chipade, AGP for State.
Subject Matter: Challenge to the order dated 4 June 2026 issued by the District Deputy Registrar, Co‑operative Societies, Thane and the Competent Authority, which rejected the petitioner's application for registration under Section 10 of the Maharashtra Ownership Flats Act, 1963 (MOFA).
Background: Respondent No.4 had previously opposed the society’s formation, citing Consent Terms filed in Regular Civil Suit No. 42 of 2013. The respondent indicated willingness to withdraw opposition provided the consent terms were not diluted.
Legal Reasoning: The Court observed that the Competent Authority erroneously relied on a contractual clause to deny registration. Under Section 16 of MOFA, statutory provisions prevail over any private contractual agreement that contradicts the statutory claim. Consequently, a society meeting the requirements of Section 10 cannot be denied registration solely because of a contrary contractual arrangement.

The impugned order dated 4 June 2026 is set aside.
The Registrar of Co‑operative Societies is directed to grant registration to the petitioner’s society as expeditiously as possible, preferably within eight weeks from the date of this order.
Respondent No.4 retains the right to seek enforcement of the Consent Terms at a later date, if circumstances warrant.

Topics: Co‑operative Housing Registration, Maharashtra Ownership Flats Act, Court Order