Bombay High Court Orders Thane Federation to Allow Vijay Nagari Society Redevelopment
The Bombay High Court on Tuesday directed a housing society federation in Thane to issue a No Objection Certificate (NOC) to a dilapidated member society, ruling that a federation cannot prevent individual societies within its layout from pursuing independent redevelopment. Justice Sandeep V Marne ordered the Vijay Nagari Cooperative Housing Societies Federation Limited to issue the clearance to Vijay Nagari Cooperative Housing Society, which comprises building numbers 1 to 4 of the layout.
The legal dispute arose when the housing society, representing buildings constructed in 1996, sought to redevelop its aging structures. However, the society faced obstruction from the federation, which holds the unilateral deemed conveyance title to the entire layout land containing seven buildings.
The federation had previously delayed issuing the necessary NOC, raising objections related to road frontage, recreational grounds, and outstanding dues. In August 2023, the federation issued a conditional NOC limited to only three months, which the housing society argued was insufficient for its redevelopment plans.
During the court proceedings, advocates S. Parthasarathy, Madhurani, and Divya K. represented the housing society. They argued that the society intended to undertake the redevelopment strictly within its allocated 21.62 percent share of the land and was not opposed to the joint conveyance of the layout.
Justice Marne observed that the federation's objections regarding road frontage were misplaced, as the society's buildings already possessed frontage. The court also noted that an earlier order had already approved the sale of the land.
Under the high court's directives, the housing society must clear its outstanding dues of approximately Rs 19 lakh within two weeks. Once these dues are settled, the federation is required to issue the unconditional NOC for redevelopment within two weeks.
The court also instructed the society to withdraw a criminal complaint to facilitate the process. The redevelopment must be carried out only on the society's designated land share, using a design approved by mutual consent.
Additionally, the court set aside an order of the Divisional Joint Registrar regarding a complaint filed by the housing society. However, it dismissed a challenge to a 2022 order that had granted the federation unilateral deemed conveyance of the layout land, leaving that specific order intact.
