Mumbai: The Mumbai Grahak Panchayat (MGP) has welcomed the Bombay High Court’s recent order pulling up the District Deputy Registrar, H (West) ward, for granting a ‘No Objection Certificate’ (NOC) in the redevelopment of a housing society, despite having no legal authority to do so.
The court, presided over by Justice Amit Borkar, had in its orders passed on October 17, had reiterated that under the Maharashtra Co-operative Societies Rules, 1961, the Registrar has no authority—either under statute or any Government Resolution—to insist on a No Objection Certificate before or after a society’s redevelopment decision.
The court had observed that the Registrar’s role is limited to ensuring transparency and that all members of the society are given a fair opportunity to participate in the process.
Commissioner for Cooperation Issues Statewide Circular Following HC Directive
The court also directed the Commissioner for Cooperation to issue a circular before November 6, instructing all Registrars and Deputy Registrars across the state to comply with this ruling.
In compliance with the HC’s directive, Commissioner for Cooperation Deepak Tavare issued a circular on Tuesday clearly stating that: “No proposals or applications regarding No Objection Certificates for the redevelopment of cooperative housing societies should be invited, accepted, or acted upon. Furthermore, no kind of No Objection Certificate or similar letter should be issued to any society or individual in connection with redevelopment.”
The circular further warned that disciplinary action would be taken against any officer who failed to strictly follow these instructions.
MGP Calls It ‘Collapse of Redevelopment Corruption’
Advocate Shirish Deshpande, Chairman of MGP, accordingly had issued a press release on Tuesday titled “The Edifice of Redevelopment Corruption Has Collapsed.”
“Citing the Government Resolution dated July 4, 2019, issued under Section 79A of the Maharashtra Cooperative Societies Act, the release stated that Deputy Registrar offices had been claiming such NOCs were mandatory for developer selection in redevelopment projects. Consequently, bribes ranging from Rs 15,000 to Rs 50,000 per flat were allegedly collected from developers selected or to be selected for such projects, the release said. Developers were reportedly compelled to pay these amounts,” the release pointed out.
MGP Demands State Probe Into Alleged Corruption by Registrar Offices
The MGP noted that it had earlier raised this alleged corruption issue with the Maharashtra Government, urging that the so-called powers of the Deputy Registrars be curtailed, but no action was taken.
“Fortunately, in its landmark judgment, the High Court declared that the Registrar or Deputy Registrar has no authority to issue or deny any NOC for developer selection as per the July 4, 2019, Government Resolution,” the MGP release stated.
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Meanwhile, the MGP now has questioned whether the Maharashtra Government will investigate the alleged corruption worth crores of rupees that has occurred over the years and initiate action against the concerned Registrars and Deputy Registrars, for their alleged misconduct.
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