AIROLI NEHA APARTMENT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India assails an order dtd. 13/8/2019 passed by the Hon'ble Minister for Cooperation in Revision Application No. 450 of 2018 filed on behalf of respondent no. 2 whereby allowing the revision the petitioner-society has been ordered to be de-registered.

(2.) The land in question which houses the petitioner's building was allotted by CIDCO to one Smt. Babibai Joshi, which was sought to be developed by respondent no. 2-M/s. Yogesh Enterprises, who has subsequently assigned the development rights in favour of respondent no. 3. It appears that there was some dispute between respondent nos. 2 and 3. The construction of the building in question, however, was completed. The petitioner had insisted that the Society be formed by respondent no. 2, however, respondent No.2 failed to form a cooperative Society. Although the law would mandate a developer to form a cooperative society under the provisions of the Maharashtra Apartment Ownership Act, 1970. Consequently, the petitioner approached the Registrar of Cooperative Societies with a proposal to form a co-operative Society, in pursuance of which the Deputy Registrar Cooperative Societies granted registration to the petitioner on 14/2/2012.

(3.) Respondent no. 2 in view of the disputes with respondent no. 3, appears to have assailed the formation of the petitioner-Society as granted to the petitioner by the said order passed by the Deputy Registrar granting registration to the petitioner. At the behest of respondent no. 2, the proceedings reached the Hon'ble Minister in a revision filed under Sec. 154 of the Maharashtra Cooperative Societies Act, which has been allowed by the impugned order.