Bombay High Court · Judgment · 04.10.2023
Once MHADA has conveyed the land, its NOC is not needed for membership
The Bombay High Court held that after MHADA conveyed the land to a housing society, MHADA’s permission was no longer required for transfer of a flat, and the society could not refuse membership to the purchasers on that ground.
Key points
- The only ground for keeping the purchasers out of membership was that MHADA had not permitted the sale.
- After MHADA conveyed the land to the society (in 2013), MHADA was no longer the landowner and its permission for transfer of membership was no longer necessary.
- The Deputy Registrar’s order under Section 22(2) admitting the purchasers was restored, subject to pending civil proceedings about the flat.
The facts
The petitioners bought a flat in a MHADA-colony housing society by a registered sale deed in 2004 and applied for membership. A family member of the seller objected, and the Registrar refused membership in 2004 because MHADA had not permitted the sale. Later, MHADA conveyed the land to the society. In 2018 the Deputy Registrar, on the purchasers’ application under Section 22(2), directed the society to admit them, but the Divisional Joint Registrar set that aside and sent the matter back.
What the Court held
The Court held that the Divisional Joint Registrar was wrong to assume the Deputy Registrar had ignored the earlier refusal. Since MHADA had conveyed the land to the society, MHADA was no longer the owner and its permission for transfer of membership was not required. The purchasers’ sale deed had not been challenged and there was no stay of the civil decree in their favour. The Deputy Registrar’s order was restored; membership would remain subject to the outcome of the pending first appeal and any other civil proceedings.
Why it matters
Many societies in MHADA layouts insist on a MHADA NOC for every transfer. Where MHADA has already conveyed the land to the society, this judgment indicates that such an NOC is not needed for membership. Where MHADA still owns the land or its lease conditions apply, the position may differ.
Ten-page judgment in English. This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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