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Showing posts with the label Cooperative Society

CHS REGISTRATION NEED NOT WAIT FOR PROJECT COMPLETION: BOMBAY HIGH COURT

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Developer Cannot Postpone Society Formation Due to Future Wings I. Case Background In a significant ruling strengthening the rights of flat purchasers, the Bombay High Court has held that the registration of a Co-operative Housing Society (CHS) for a completed wing cannot be deferred until the entire real estate project is completed . The Court set aside the orders passed by the Divisional Joint Registrar (DJR), Co-operative Societies , and the Minister for Co-operation , which had cancelled the registration of a society in Mulund West, Mumbai . II. Facts of the Case The dispute concerned the 360 Degree Business Park Premises Co-operative Society , formed for the Brite Building , a 10-storey commercial structure constructed in 2007 by Brite Tools Pvt Ltd . Key Facts: Full Occupancy Certificate (OC) issued in August 2013 44 units sold by the developer Building fully occupied and functional No society formed by the developer despite completion As a result, 31 ...

HC Refuses to Stall Redevelopment of Pratibha Tower: A Case Study in Redevelopment Law and Majority Consent

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Case Background: Pratibha Tower and Its Controversial History Pratibha Tower was originally a 36-storey luxury residential project in Breach Candy, Mumbai, launched in 1984. It later became the center of a major real estate fraud scandal when authorities found that the developer had overstated the plot area to gain unauthorized Floor Space Index (FSI) benefits. This resulted in illegal additional construction and regulatory intervention. Among the early apartment purchasers were well-known personalities, including Lata Mangeshkar and Asha Bhosale , highlighting the project’s high-profile nature. Litigation Timeline and Demolition 1989 – BMC ordered demolition of the top eight floors . 2019 – The remaining structure was demolished after the cooperative society resolved to redevelop the land. 2022 – Society selected Crest Residency Pvt Ltd (JV: RA Enterprises + Crest Venture) as the new developer. June 2025 – Society member Devyani Gulabsi filed a suit challe...