Anna Karina Jussilainem Costa v. Registrar Of Cooperative Societies, Goa
2019-06-24
NUTAN D.SARDESSAI, S.C.GUPTE
body2019
DigiLaw.ai
JUDGMENT S.C. Gupte, J. - Rule. Rule made returnable forthwith. Learned Counsel appearing for the respondents waives service. 2. This petition seeks to challenge the action of the Assistant Registrar of Cooperative Societies, South Zone, Margao in insisting upon a condition for registration of a Cooperative Housing Maintenance Society of production of sale deeds of all applicant members of the society. 3. The petitioner is a Chief Promoter of a Co-operative Housing Maintenance Society ("society"). The property of the society consists of a land admeasuring about 7000 square metres at Survey No.389/2 of Benaulim Village, Salcete Taluka, South Goa, Goa. The property comprises of apartments, row villas, shops, etc. and is known as "C.D. Zen Gardens", the units wherein have been sold to various purchasers by registered deeds of conveyance/agreements for sale. The owners of the units have decided to register the society under the name of "C.D. Zen Gardens Cooperative Housing Maintenance Society". The objects of the society are maintenance and upkeep of the property. On an application filed by the Chief Promoter and other Promoter members of the society for registration of society, respondent no.2- Registrar of Cooperative Societies has required the promoters to produce copies of sale deeds of each individual member of the proposed society in order to process the application for registration. The main grievance of the petitioner is that neither under the Co-operative Societies Act nor under the Rules framed thereunder is there any such requirement on the part of the applicants to produce sale deeds of each individual promoter member. 4. Learned Counsel for the petitioner refers to Section 102(1) read with Section 7 of the Goa Co-operative Societies Act, 2001 and Rule 1(a) of the Goa Co-Operative Societies Rules, 2003, and a circular issued by the Registrar of Cooperative Societies produced along with the petition (Circular dated 04/03/2019). Section 102(1) and 7, respectively, provide for the definition of a housing maintenance co-operative society and the requirements for its registration. The circular provides for a check list in respect of the three major types of housing societies generally registered in the State of Goa under the Act of the documents to be prepared and enclosed for their registration. It is said to be necessary for standardization of documents and bringing about a uniformity of procedure at various zonal offices.
The circular provides for a check list in respect of the three major types of housing societies generally registered in the State of Goa under the Act of the documents to be prepared and enclosed for their registration. It is said to be necessary for standardization of documents and bringing about a uniformity of procedure at various zonal offices. So far as the housing maintenance societies are concerned, the circular refers to "a copy of Deed of Sale executed by the promoter". It appears that during the pendency of the present petition, another circular has been issued by the office of the Registrar of Co-operative Societies, which provides for various documents which are required to be submitted by Chief Promoters of Co-operative Housing Societies. The documents listed in this circular inter alia include (1) copy of agreement entered between the land owner and the builder for development/construction of the building along with power of attorney, if any; (ii) copy of agreement for sale entered into by the builder with the premises holder (promoter). 5. The petitioner in the present case has produced both these documents along with the application for registration. The Agreement for Sale entered into by the builder with the premises holder is a standard form adopted in case of all unit holders, one specimen of which has been admittedly produced before the Registrar. So also, there are documents including a certificate issued by the builder/developer of the units in the society. This certificate indicates that the developer has received full and final payment towards the consideration of flats/shops/row villas in C.D. Zen Gardens at Benaulim, Salcete Goa from the persons whose names are listed in the certificate. These include all the promoter members, who have joined the application for registration of the Society. In the premises, there is adequate material before the Registrar of Co-operative Societies for registration of the Society. It is not in dispute that all documents which are listed either in Section 7 or Rule 4 read with Form 9 as also the circular of 04/03/2009 have been duly submitted along with the application. Respondent No.2 has, in the premises, no reason to withhold registration of the society. 6. In the premises, Rule is made absolute and the petition is allowed by directing the respondents to register the co-operative housing maintenance society in pursuance of the petitioner''s application for registration dated 10/07/2017. 7.
Respondent No.2 has, in the premises, no reason to withhold registration of the society. 6. In the premises, Rule is made absolute and the petition is allowed by directing the respondents to register the co-operative housing maintenance society in pursuance of the petitioner''s application for registration dated 10/07/2017. 7. We make it clear that the larger challenge of the petitioner to the circular of 04/09/2018 has not been considered by this Court, since that was not necessary for considering the relief granted in the present petition.