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The Maharashtra Cooperation Commissioner, Deepak Taware, has clarified that registrars and sub-registrars do not have the authority to issue no objection certificates (NOCs) to housing societies for redevelopment projects. The order emphasizes that the general body of each cooperative housing society is the highest decision-making authority in such matters. Citing a 2019 government resolution and a Bombay High Court petition, the commissioner noted that the role of registrars and cooperative departments is limited to supervision, with no statutory provision under the Maharashtra Cooperative Societies Act, 1960, granting them power to issue NOCs.
The Maharashtra Cooperation Commissioner, Deepak Taware, has issued a directive clarifying that registrars and sub-registrars are not empowered to provide no objection certificates (NOCs) for the redevelopment of cooperative housing societies. The order reiterates that the general body of a housing society holds the final authority in making redevelopment-related decisions. Advertisement
Referring to a writ petition considered by the Bombay High Court, the commissioner highlighted that, according to a 2019 government resolution, the duties of registrars and cooperative departments are strictly supervisory. This means their involvement is limited to overseeing compliance with procedures rather than granting permissions or approvals.
Taware stated that the Maharashtra Cooperative Societies Act, 1960, does not contain any provision authorizing registrars to issue NOCs for redevelopment purposes. He underlined that redevelopment decisions must rest solely with the society?s general body, which is recognized as the apex authority in the cooperative structure.
In his order, Taware directed all registrars and sub-registrars not to accept applications from cooperative housing societies seeking NOCs and instructed them to refrain from issuing such certificates. This clarification aims to prevent procedural confusion and ensure that redevelopment decisions remain within the jurisdiction of the society members themselves.
The move also follows increasing instances where housing societies had been approaching registrars for NOCs, despite the law granting decision-making powers exclusively to their general bodies. By issuing this directive, the Cooperation Department has sought to streamline the redevelopment process and reaffirm the autonomy of cooperative societies in Maharashtra.
Source PTI
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