Ajay Salagare (CA) 03 December 2014

Co-op housing society registration maharashtra

building situated in Undri.

all 20 flats sold out & registered at Haveli -12 Pune office.

builder not forms co-op housing society.

co-op registrar denying housing society registration as plan is sanction by Grampanchyat.

what is the solution.

BuildingBuilding situated in Undri, Pune,
Total 20 flats sold out & register at Haveli-12 Pune
Builder not forming society for last 5 years.
Co-op registrar denying co-op housing society reg as plan is sanction by grampanchyat.

what is the solution.

Building situated in Undri, Pune. Plan approved by Grampanchayat. Construction completed in 2009. Total 20 flats sold out. Co-operative Registrar denying to register co-op housing society because plan sanction by Grampanchayat. As per amended constitution its fundamental right to form co-op society. What is the way out.

Read more at: https://www.caclubindia.com/forum/co-op-housing-society-registration-maharashtra-313379.asp#.VH7JtGfeJnV

Building situated in Undri, Pune. Plan approved by Grampanchayat. Construction completed in 2009. Total 20 flats sold out. Co-operative Registrar denying to register co-op housing society because plan sanction by Grampanchayat. As per amended constitution its fundamental right to form co-op society. What is the way out.

Read more at: https://www.caclubindia.com/forum/co-op-housing-society-registration-maharashtra-313379.asp#.VH7JtGfeJnV

Reply Follow

4 Replies

Isaac Gabriel (Advocate) 26 December 2014

Send the application ad instructed.For registration of coop.society there is no area restrictions.

Ajay Salagare (CA) 27 December 2014

We have already filed application as instructed at District Deputy Registrar, Pune, Shivajinagar. Pune

But DDR raised the query that as 'Plan is aaproved by Grampanchyat"

Our contention is that as it is 6 year old building and that time TP/collector sanction was not compulsory.

Brief details as below:

We have filed application for Co-operative housing society with DDR Pune (मा. जिल्हा उपनिबंधक सहकारी संस्था, पुणे, साखर संकुल,शिवाजीनगर, पुणे ४११००५) on 22/09/2014.Copy attached herewith.

DDR Pune raised some query and file is still lying at office without any further action.

Guidance on Housing Society (Housing manual) hosted on https://mahasahakar.maharashtra.gov.in state that if no action taken by Registrar then may be assumed as deemed registration.

The building is 6 years old and all the flats already sold out. All the flats register at Haveli-12 as per Index-II and all stamp duty, registration fee paid. 6 years back builder took 'Gram[anchyat sanction' when as per Government GR, TP or Collector approval was not compusory as plot situated in Grampanchyat area. DDR Pune unjustly raising query for grampanchyat approval for old case when, at that time TP/collector rule was not applicable

Builder not taking interest in forming society.

Again as per amended constitution now its fundamental right to form co-operative society. Relevant media extract as below:

NEW DELHI: The Parliament on Wednesday approved an amendment to the Constitution which will grant citizens a fundamental right to form cooperative societies. It will also insulate about six lakh such existing bodies in the country from political and government interference and ensure their functioning in a democratic, professional and economically sound manner.

The Apex Court upheld that a constitutional right to form an association included right not just to form cooperative society but also to let it continue to exist in accordance with its registered Bye Laws

Rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right and State shall endeavour to promote their autonomous functioning. The Parliament, with a view to enhance public faith in the co-operative institutions and to insulate them to avoidable political or bureaucratic interference brought in Constitutional (97th Amendment) Act, 2011 (97CAA) which came into force on 15.02.2012”

Also in The Maharashtra Co-Operative Societies Act 1960 there nowhere it is mentioned to non granting registration certificate if it has grampanchyat approval.

Panchayat has powers to approve the plan for construction in non-agricultural land unless the powers withdrawn and asigned to some other authority by Government Order

The role of co-operative department is to promote co-operation.

Accordingly, queries raised by DDR Pune is not justifiable.