In a key decision that clarifies the parameters of membership rights within cooperative housing societies, the Bombay High Court has ruled that possession of a basement or parking space, even when supported by a registered sale deed, does not grant an individual membership in a cooperative housing society (CHS) under the Maharashtra Cooperative Societies Act (MCS Act), 1960.
Justice Amit Borkar delivered the verdict earlier this month, rejecting a writ petition from Amanul Ekramul Ansari and upholding a government order that denied him membership in the Talbiyah Paradise Cooperative Housing Society situated in Navi Mumbai. The court determined that neither basements nor parking areas meet the statutory definition of a ‘flat,’ thereby excluding these spaces as bases for society membership.
Notably, the court referenced the architect’s certificate included in the conveyance deed, which revealed that the basement and parking areas were not part of the floor space index (FSI) accounted for in the construction. It clarified that these spaces were not designated as self-contained units in the approved building plans.
Justice Borkar stated, “A parking space or basement area, unless shown in the sanctioned plan as a self-contained unit, does not satisfy the statutory definition,” as he dismissed the petition.
The conflict began when Mr. Ansari purchased the basement and parking space through a registered deed on December 12, 2019. He sought membership from the Society in August 2020 but received no response within the required timeframe. Claiming he had become a ‘deemed member’ due to this inaction, he later appealed to the authority under Section 22(2) of the MCS Act.
In July 2021, the appellate authority directed the Society to admit him as a member, considering the documents he provided. However, the Society countered this decision by submitting a revision application to the state government, leading to a reassessment.
Ultimately, the revisional authority overturned the appellate order, stating that the areas purchased by Mr. Ansari—a basement and parking space—do not qualify as a ‘flat’ under the MCS Act. It ruled that such portions cannot be classified as independent units eligible for membership rights.
Disappointed by this ruling, Mr. Ansari approached the High Court, arguing that authorities could not question the validity of a registered sale deed in membership decisions and that the Society’s failure to respond within the designated time meant he should automatically be recognized as a deemed member.
The High Court dismissed these arguments, affirming that the right to membership is not merely based on possession or occupation of parts of a 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 determined.
The judgement reinforces the understanding that basements and parking spaces are typically regarded as common amenities within housing projects, emphasizing that they cannot be treated as independent, saleable units for the purpose of acquiring society membership. Additionally, the court made it clear that the notion of deemed membership does not supersede the statutory requirements set forth in the MCS Act.
By supporting the state government’s stance and nullifying the previous appellate ruling, the High Court has enhanced the authority of housing societies to manage membership in accordance with statutory definitions, thereby limiting attempts to claim membership based solely on the ownership of common areas. This decision ultimately serves to uphold the integrity of cooperative housing regulations, providing clarity and a more equitable structure for future membership applications.