Gaurav Shantaram Desai Nd Ors. v. Divisional Joint Registrar Co. Op. Soc. Mumbai and Ors.
Cooperative housing society – Redevelopment – 'No objection' by Registrar – Statutory authority of Registrar
Case brief
What is this about?
Bombay HC Writ Petition No. 3175 of 2026; Gaurav Shantaram Desai and Ors. v. Divisional Joint Registrar Co-Op. Soc. Mumbai and Ors.; Amit Borkar, J.; 9 March 2026; Registrar lacks statutory authority to grant no objection for redevelopment of cooperative housing society; reliance on Court's earlier decision in Baltazar Fernandes v. Deputy Registrar of Societies, H-West Ward (WP 13544 of 2025, order dated 17 October 2025); Revisional Authority's affirming order set aside; setting aside does not automatically invalidate redevelopment — proposal not unlawful, may continue if otherwise in accordance with law; aggrieved members retain remedies; petition disposed.
What did the court decide?
Setting aside of the order of the Revisional Authority affirming and granting the no objection (with the Registrar's no objection treated as set aside); petition disposed of in the above terms with clarifications, no further orders.