Quick Summary: The Bombay High Court has allowed the registration of the Vienna Apartments Co-operative Housing Group, overturning an earlier decision that blocked it. This case involved disagreements over housing group rights and the responsibilities of builders.
Who’s Involved?
Dilip Bobde Patil, the main organizer of the proposed Vienna Apartments Co-operative Housing Group, filed a case against Laksons India Pvt. Ltd. and others. The issue was about forming a new co-operative group for apartment owners in a building constructed by Laksons.
What Happened?
Dilip Bobde Patil wanted to register a new housing group for the apartment owners. However, the existing Greater Bombay Co-operative Housing Group and the builder, Laksons, opposed this. They argued that the apartment owners should stay as temporary members of the existing group and that a new group couldn’t be formed without their approval.
Court Decisions:
- Initially, the proposal for a new group was rejected because the existing group didn’t give a “No Objection Certificate” (NOC).
- The High Court found this rejection incorrect, stating that the NOC wasn’t legally required for registration.
For the New Group:
- Patil's lawyer argued that forming a co-operative group is a basic right under the Constitution.
- They highlighted that the Maharashtra Ownership Flats Act (MOFA) supports the formation of groups for apartment owners.
Against the New Group:
- The builder and the existing group claimed that creating a new group would break existing agreements and housing group rules.
- They also mentioned a previous rejection of a similar application in 2017.
Key Points:
- The court noted that the MOFA requires builders to help form groups for apartment owners.
- The absence of an NOC from the existing group doesn’t legally block the formation of a new group.
- The previous rejection in 2017 was based on old laws, which have since changed.
Outcome:
Judge Amit Borkar canceled the previous order blocking the new group's registration. He restored the decision allowing the registration, emphasizing the rights of apartment owners to manage their property.
Impact:
This decision empowers apartment owners to form their own groups, ensuring they have control over their property. It also clarifies that existing groups cannot indefinitely block the formation of new groups without legal reasons.
