Created by Fuzzy Cloud

Bombay High Court

ANSHU RAMESHCHANDRA DHURIAversusSLUM REHABILITATION AUTH.( CO-OP SOC.) AND ORS

Decided
Disposal
Dismissed

Holding

Registration of a cooperative society under Section 9 of the Maharashtra Co‑operative Societies Act is not contingent upon resolution of ownership disputes over structures on the land.

Summary

The petitioner, claiming ownership of a building on land declared as a slum, challenged the registration of a Slum Rehabilitation Authority cooperative society. He argued that because his father owned the structure, the society could not be registered. The court noted that the petitioner was not disputing ownership of the land, only the building, and that such a dispute does not affect registration under Section 9 of the Maharashtra Co‑operative Societies Act. The court held that the question of whether the structures are lawful is beyond the scope of the registration process. Consequently, the Registrar and Appellate Authority were correct to dismiss the petition, and the writ petition was dismissed.

Issues considered

  • Whether a dispute over ownership of structures on slum land bars registration of a cooperative society under Section 9 of the Maharashtra Co‑operative Societies Act
  • Whether the Registrar and Appellate Authority were justified in dismissing the petitioner's challenge

Legislation cited

Subjects

  • slum rehabilitation
  • cooperative society registration
  • Maharashtra Co‑operative Societies Act
  • ownership dispute
  • writ petition

Judgment

                                                                          4-WP-12271-18+.doc


                   Sayali
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYALI
DEEPAK                              CIVIL APPELLATE JURISDICTION
UPASANI
Digitally signed
by SAYALI
DEEPAK
                                    WRIT PETITION NO. 12271 OF 2018
UPASANI
Date: 2026.02.02
17:27:28 +0530
                   Anshu Rameshchandra Dhuriya                   … Petitioner
                              V/s.
                   Slum Rehabilitation Authority          (Co-
                   operative Society) and Others                 … Respondents

                   Mr Rakesh Kumar R. Tiwari, for Petitioner.
                   Mr. Vijay D. Patil, with Ms. Ruchi V. Patil, for
                   Respondent No. 1.
                   Ms. Kavita N. Solunke, Additional GP with Mrs. V. S.
                   Nimbalkar, AGP for State.

                                                 CORAM     : AMIT BORKAR, J.

                                                 DATED     : FEBRUARY 02, 2026
                   P.C.:

                   1.       The petitioner, claiming to be the owner of a structure over
                   the land which is declared as a slum, is challenging the order
                   passed by the Registrar and the Appellate Authority dismissing
                   the petitioner’s challenge to the registration of the society.

                   2.       According to the petitioner, his father acquired ownership
                   of the chawl, and therefore, at the instance of a tenant in the
                   chawl, the society cannot be registered. It is not in dispute that
                   the petitioner is not claiming ownership in relation to the land.
                   The petitioner’s claim is restricted to the building/buildings on
                   the slum. If this be so, the registration of the society does not
                   affect the rights of the petitioner, as whether the structures on the
                   land are lawful, and whether based on such structures, either the



                                                      1
                                                      4-WP-12271-18+.doc


society or the petitioner can claim their substantive rights is an
issue which is beyond the scope of registration under Section 9 of
the MCS Act.

3.    Hence, the authorities under the Act have rightly dismissed
the challenge to the order of registration at the instance of the
petitioner. There is no merit in the Petition. Hence, the Petition is
dismissed.


                                            (AMIT BORKAR, J.)




                                 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.