Mumbai, Feb 04: The Bombay High Court has clarified that ownership of a basement or parking space, even if backed by a registered conveyance deed, does not automatically entitle a person to membership of a co-operative housing society under the Maharashtra Co-operative Societies Act, 1960.
Justice Amit Borker, on February 2, dismissed a petition filed by Amanul Ekramul Ansari and upheld a state government order denying him membership of a respondent housing society, holding that such premises do not qualify as a “flat” under the law.
Dispute over society membership
The dispute arose after Ansari purchased certain premises through a registered instrument dated December 12, 2019. Relying on the conveyance deed, he applied for membership of Talbiyah Paradise Co-operative Housing Society in Navi Mumbai in August 2020.
As the society did not communicate any decision within the prescribed period, Ansari approached the appellate authority under Section 22(2) of the Maharashtra Co-operative Societies Act.
In July 2021, the appellate authority directed the society to grant membership, taking note of the documents produced by the petitioner. However, the society challenged this order before the state government by filing a revision application.
State government reverses appellate order
Allowing the revision, the revisional authority set aside the appellate order, observing that the premises purchased by Ansari consisted of a basement and parking area and did not fall within the statutory definition of a “flat”.
Aggrieved by this decision, Ansari approached the High Court, contending that authorities deciding membership applications could not examine title or the validity of a registered document.
He also argued that since the society failed to communicate a rejection within the stipulated time, he had acquired the status of a “deemed member”.
Court rejects ‘deemed membership’ argument
Rejecting these submissions, Justice Borker observed that the issue was “no longer res integra” and referred to a recent judgment interpreting the legal framework governing housing societies. The court noted that “the right to membership does not arise from mere occupation or physical possession of a portion of the building”.
“The deeming provision operates within the boundaries of statutory eligibility and cannot enlarge the class of persons entitled to membership beyond what the Act permits,” the court said.
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FSI exclusion key to decision
The judge placed significance on the architect’s certificate forming part of the conveyance deed, which showed that the basement and parking spaces were outside the Floor Space Index (FSI) utilised for construction. Such areas, the court held, could not be treated as independent flats under the Act.
“A parking space or basement area, unless shown in the sanctioned plan as a self-contained unit, does not satisfy the statutory definition,” the court observed while dismissing the petition.
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