Maharashtra Clarifies: Registrars Have No Authority to Issue NOCs for Housing Society Redevelopments
The Maharashtra Cooperation Commissioner has issued a directive clarifying that registrars and sub-registrars have no authority to issue 'no objection certificates' (NOCs) to housing societies for property redevelopments. The general body of the cooperative housing society is the ultimate decision-making authority in such processes.
MaharashtraHousing SocietyRedevelopmentNocCooperative SocietiesReal Estate MaharashtraNov 05, 2025
The commissioner's order comes in the wake of a writ petition filed in the Bombay High Court. According to a 2019 government resolution, the roles and duties of registrars and cooperative societies are supervisory in nature. There are no provisions in the Maharashtra Cooperative Societies Act, 1960, that empower the registrar to issue an NOC for the redevelopment of any cooperative housing society.
Taware emphasized that the registrar has no right to issue an NOC to cooperative societies for redevelopment. The order clearly states, 'The general body of the said cooperative society is the supreme body in the redevelopment process.' This clarification is crucial for ensuring transparency and accountability in the redevelopment process, which often involves significant financial and legal considerations.
The order further directs registrars and sub-registrars not to seek applications from cooperative societies for NOCs and not to issue any such certificates. This move is expected to reduce administrative bottlenecks and streamline the redevelopment process, making it more efficient and transparent for all stakeholders, including homebuyers and property developers.
The Maharashtra Cooperative Societies Act, 1960, is a comprehensive piece of legislation that governs the operations of cooperative societies in the state. The act aims to promote the development of cooperative societies and ensure that they operate in the best interests of their members. By clarifying the roles and responsibilities of registrars and sub-registrars, the commissioner's order ensures that the act is implemented in a manner that is consistent with the law and the best interests of the cooperative societies.
This directive is a step in the right direction, as it helps to eliminate confusion and ensures that the redevelopment process is governed by the cooperative societies themselves, with the necessary oversight from the relevant authorities. It is hoped that this will lead to more successful and equitable redevelopment projects, benefiting both the members of the cooperative societies and the broader community.
For homebuyers and property developers, this clarification provides a clear understanding of the roles and responsibilities of the various stakeholders involved in the redevelopment process. It ensures that the process is transparent and that the decisions made are in the best interests of all parties involved. This, in turn, can lead to more successful and sustainable redevelopment projects, which can contribute to the overall development of the real estate sector in Maharashtra.
Frequently Asked Questions
What is the role of the registrar in the redevelopment process of a housing society?
The role of the registrar in the redevelopment process of a housing society is primarily supervisory. According to the Maharashtra Cooperation Commissioner, the registrar has no authority to issue a 'no objection certificate' (NOC) for redevelopment. The general body of the cooperative housing society is the apex decision-making authority.
What is the significance of the general body in the redevelopment process?
The general body of the cooperative housing society is the supreme body in the redevelopment process. It is responsible for making all major decisions related to the redevelopment, including approving the redevelopment project and selecting the developer.
What does the Maharashtra Cooperative Societies Act, 1960, say about the issuance of NOCs for redevelopment?
The Maharashtra Cooperative Societies Act, 1960, does not empower the registrar to issue a 'no objection certificate' (NOC) for the redevelopment of any cooperative housing society. The act clearly states that the general body of the cooperative society is the decision-making authority.
How does this clarification impact the redevelopment process?
This clarification streamlines the redevelopment process by ensuring that the general body of the cooperative society remains the ultimate decision-making authority. It reduces administrative bottlenecks and ensures that the redevelopment process is transparent and governed by the cooperative societies themselves.
What should homebuyers and property developers do in light of this clarification?
Homebuyers and property developers should ensure that they understand the roles and responsibilities of the various stakeholders involved in the redevelopment process. They should work closely with the general body of the cooperative society to ensure that the redevelopment project is successful and in the best interests of all parties involved.
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