1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.7537 OF 2009 Smt. Sharda Ganpat Patil ...Petitioners Vs. The State of Maharashtra & Ors. ...Respondents Mr.Nitin Pradhan i/b. Amarendra Mishra, Advocate for the Petitioners Mr.R.M.Patne, A.G.P for Respondents 1 to 3 Mr. S.U. Kamdar, Sr. Counsel i/b. Sutopa Sana for Respondent No.4 CORAM : SMT.ROSHAN DALVI, J. DATED : 2ND FEBRUARY, 2010 P.C. : 1. Rule. Rule is made returnable forthwith. 2. The Petitioner, as a flat purchaser and Promoter of the Earth Residency (H,I & J Wings)Co­operative Housing Society (Proposed), had applied for formation of the Co­operative Society under Section 10 of the Maharashtra Ownership Flats Act, 1963 (MOFA) along with 9 other flat purchasers in the prescribed form pursuant to the resolution of the proposed Society passed in the meeting held on 6th January 2009. The 2 application has been filed on 12th January 2009. The application has been granted by the Deputy Registrar, Co­operative Societies, Respondent No.3. 3. The Respondent No.4 filed an appeal therefrom before the Divisional Joint Registrar, Co­operative Societies, Respondent No.2. The Additional Joint Registrar confirmed the order incorporating the Society. The Respondent No.4 filed a Revision before the Hon’ble Minister for Co­ operation who has set aside the order of the Deputy Registrar and the Divisional Joint Registrar allowing the Co­operative Society to be formed. That order is impugned in this Petition by the Petitioner on behalf of the other flat purchasers who had resolved and applied to form Co­operative Society being the minimum members required to form Society under Section 10 of the MOFA. 4. The action of the Petitioner in applying is under authority of law. 5. Mr.Kamdar on behalf of Respondent No.4 contends that it would be inconvenient to form the Society because the Respondent No.4 is constructing various buildings in a layout plan and there are several members who are yet to be sold flats by the Respondent No.4. The Respondent No.4 also apprehends that the Society would charge transfer fee to make those flat purchasers members of the Society. There are certain common amenities under Clause 39 of the agreement entered into by the Respondent No.4 with the flat purchasers including the pump room which would require to be shared by the Society formed by the Petitioner with the other flat purchasers. 3 6. Mr. Pradhan on behalf of the Petitioners, upon taking instructions of the husband of the Petitioner who is present in Court and another flat purchaser Mr. Pankaj Bhatt who is the Secretary of the Society, makes a statement that there shall be only one Society for all the buildings from A to J which are being constructed by the Respondent No.4 under a layout plan. He further states that the proposed name of the Society showing wings HIJ shall be amended and include all the other buildings as and when completed. Mr. Pradhan on behalf of the Petitioner upon taking the instructions as aforesaid undertakes to admit all the persons who shall be purchasing the flats from Respondent No.4 for the first time as members in all the wings of the Society without claiming transfer fees. Mr. Pradhan; similarly upon taking instructions as aforesaid, undertakes that the Petitioner and the other members who have applied to form the Co­ operative Society shall share all the expenses of the common amenities of the Society. The statements and undertakings are accepted. 7. Mr.Kamdar on behalf of the Respondent No.4 initially contended that notice of the initial application which was moved before the Deputy Registrar Co­operative Societies was not served upon Respondent No.4. However he has waived the notice. 8. Rule is made absolute accordingly. (SMT.ROSHAN DALVI, J.)