We have filed application for Co-operative housing society with DDR Pune (मा. जिल्हा उपनिबंधक सहकारी संस्था, पुणे, साखर संकुल,शिवाजीनगर, पुणे ४११००५) on 22/09/2014.Copy attached herewith.
DDR Pune raised some query and file is still lying at office without any further action.
Guidance on Housing Society (Housing manual) hosted on https://mahasahakar.maharashtra.gov.in state that if no action taken by Registrar then may be assumed as deemed registration.
The building is 6 years old and all the flats already sold out. All the flats register at Haveli-12 as per Index-II and all stamp duty, registration fee paid. 6 years back builder took 'Gram[anchyat sanction' when as per Government GR, TP or Collector approval was not compusory as plot situated in Grampanchyat area. DDR Pune unjustly raising query for grampanchyat approval for old case when, at that time TP/collector rule was not applicable
Builder not taking interest in forming society.
Again as per amended constitution now its fundamental right to form co-operative society. Relevant meadia extract as below:
NEW DELHI: The Parliament on Wednesday approved an amendment to the Constitution which will grant citizens a fundamental right to form cooperative societies. It will also insulate about six lakh such existing bodies in the country from political and government interference and ensure their functioning in a democratic, professional and economically sound manner.
The Apex Court upheld that a constitutional right to form an association included right not just to form cooperative society but also to let it continue to exist in accordance with its registered Bye Laws
Rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right and State shall endeavour to promote their autonomous functioning. The Parliament, with a view to enhance public faith in the co-operative institutions and to insulate them to avoidable political or bureaucratic interference brought in Constitutional (97th Amendment) Act, 2011 (97CAA) which came into force on 15.02.2012”
Also in The Maharashtra Co-Operative Societies Act 1960 there nowhere it is mentioned to non granting registration certificate if it has grampanchyat approval.
Panchayat has powers to approve the plan for construction in non-agricultural land unless the powers withdrawn and asigned to some other authority by Government Order
The role of co-operative department is to promote co-operation.
Accordingly, queries raised by DDR Pune is not justifiable.
Pls advise.
