NOOK COOPERATIVE HOUSING SOCIETY LIMITED Vs. PYRAMID DEVELOPERS

JUDGEMENT

(1.) By these writ petitions preferred under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the legality, correctness, and propriety of the order dtd. 7/11/2025 passed by respondent No. 5, being the Deputy District Registrar, Co-operative Societies, Pune. By the said order, the application instituted under Sec. 11(3) of the Maharashtra Ownership Flats Act, 1963, came to be partly allowed.

(2.) The facts giving rise to the present petitions, stated briefly, are as follows. The petitioner is a Co-operative Housing Society duly registered under the provisions of the Maharashtra Co- operative Societies Act, 1960. The society consists of 282 flat purchasers who are members thereof. The residential complex comprises three separate wings, namely A, B and C, each containing 94 flats. Thus, there are in all 282 residential units. Apart therefrom, a proposed commercial building is also shown on the property in question. The land bearing Survey Nos. 60/1 and 60/2, situated at Village Tathawade, Taluka Mulshi, District Pune, forms the larger parcel upon which development activities were undertaken by respondent No. 1. The petitioner society, known as "The Nook Co-operative Housing Society", came to be registered on 11/4/2019 under Registration No. PNA/PNA(3)/HSG/TC/ 19479/2019. According to the petitioner, an area admeasuring 23,362.259 square meters out of the larger property has been subjected to development by respondent No. 1. Respondent No. 1 is the developer, whereas respondent Nos. 2 to 4 are the original owners of the said land. They have, therefore, been joined as party respondents, their rights being directly connected with the subject matter of conveyance.

(3.) It is the case of the petitioner that the members of the society entered into separate agreements with respondent No. 1 developer for purchase of their respective flats. The layout plan in relation to the subject property was sanctioned by the Pimpri-Chinchwad Municipal Corporation on 9/11/2012. In the sanctioned plan, provision was made for an amenity area, the three residential wings A, B and C, as also a commercial building consisting of ground plus one upper floor. The petitioner asserts that the said sanctioned layout demonstrates that Wings A, B and C together with the amenity space formed integral parts of one composite development scheme. It is on the basis of such sanctioned layout that respondent No. 1 entered into agreements with the flat purchasers. The petitioner has placed on record a list of members along with dates of their respective agreements. According to the petitioner, despite registration of the society on 11/4/2019 and despite repeated requests made thereafter, respondent No. 1 failed to execute conveyance of the property as contemplated under the provisions of MOFA. In consequence thereof, the petitioner society was constrained to approach respondent No. 5, the Competent Authority and District Deputy Registrar, Pune, by filing an application under Sec. 11(3) of the Act. The said application was later amended on 3/1/2024. Respondent No. 1 appeared in those proceedings and filed its reply opposing the claim.