Shri Murlidhar Cooperative Housing Society Ltd. v. Divisional Jt Registrar Of Co-Op. Soc. Kokan Div. And ORS

37-wp6304-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6304 OF 2025 Shri Murlidhar Cooperative Housing Society Limited ... Petitioner V/s.

Divisional Joint Registrar of Coop.

Societies, Konkan Division & Ors.

... Respondents Mr. Prashant P. Kulkarni with Ms. Ritika Rajan for the petitioner.

ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2025.11.18 18:07:09 +0530 Mr. Kedar Dighe, Additional G.P. with Mr. Y.D. Patil for respondent Nos.1 and 2-State.

Mr. Viraj Jadhav i/by Mr. Gaurav Lele for respondent No.3.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 18, 2025 P.C.:

1.

The writ petition challenges order dated 24 March 2025 passed by the revisional authority, in turn challenging no-objection granted by the Registrar for redevelopment of the society. 2.

This Court in the case of Baltazar Fernandes & Ors. vs. the Deputy Registrar of Societies, H-West Ward & Ors., Writ Petition No.13544 of 2025 by order dated 17 October 2025 has held that the Registrar has no power to grant no-objection for redevelopment of the society.

3.

However, the revisional authority could not have interfered in the no-objection granted at the instance of the developer. Hence,

37-wp6304-2025.doc the revisional order cannot be sustained.

4.

It is made clear that setting aside order passed by the Deputy Registrar granting no-objection for redevelopment does not mean that the process of redevelopment is not in accordance with law. 5.

A person aggrieved by the process of redevelopment shall be entitled to challenge such process before appropriate Court or Authority as is permissible in law.

6.

With this clarification, order dated 24 March 2025 passed by the Divisional Joint Registrar in Revision Application No.18 of 2025 and order dated 20 August 2024 passed by the Deputy Registrar, Cooperative Societies, Kalyan Taluka, Kalyan are quashed and set aside.

7.

The writ petition stands disposed of accordingly. No costs. (AMIT BORKAR, J.)