SADGURU UNIVERSAL CHS LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner housing society challenges the Judgment and Order passed by respondent No.1. Respondent No.1 confirmed the earlier Judgment and Order dtd. 8/12/2021 passed by respondent No.2, by which registration was granted to respondent No.4 society.

(2.) The relevant facts are that respondent No.5 is the promoter. Respondent No.5 submitted a building plan to CIDCO for construction of a single building on Plot No.19, Sector 17, New Panvel (West), District Raigad. CIDCO approved the plan for one building of ground plus thirteen floors. Respondent No.5 constructed twenty-four commercial units on the ground-floor and eighty-eight residential units from the third floor to the thirteenth floor. Construction was completed in the year 2020. The planning authority issued Occupancy Certificate on 24/6/2020.

(3.) The petitioner states that respondent No.5 submitted a proposal to respondent No.3 for registration of the petitioner society. Respondent No.3, by order dtd. 8/12/2021, granted registration to the petitioner society. In that proposal, respondent No.5 did not include the purchasers of commercial units. According to the petitioner, during the first general body meeting held after the registration, respondent No.5 disclosed that a separate society had already been registered for the commercial unit holders in the very same building. Respondent No.5 had submitted two independent proposals for registration of two different societies without informing the purchasers of residential units. Out of twenty-four commercial units, respondent No.5 retained ownership of nine units.