In a landmark ruling strengthening the rights of housing societies, the Bombay High Court has held that basements and parking areas are common amenities and cannot be sold as independent units or used to claim membership in a co-operative housing society.
Justice Amit Borkar, while dismissing a writ petition filed by Amanul Ekramul Ansari, upheld a state government order that had cancelled the grant of membership to a purchaser of a building basement. The court ruled that ownership of a basement or parking space, even through a registered sale deed, does not qualify a person for membership under the Maharashtra Co-operative Societies Act.
The case arose from a residential project in Taloja, Navi Mumbai, developed on a CIDCO-leased plot. After an occupation certificate was issued in January 2016 and the housing society was formed in 2019, it emerged that the developer had executed agreements, including a registered sale deed, transferring the entire basement and parking areas to a close family member.
Relying on this conveyance, the purchaser sought membership of the society, arguing that the society’s failure to respond amounted to “deemed membership” under Section 22(2) of the Act. While the joint registrar initially accepted the claim, the minister for co-operation overturned the decision, holding that a basement does not fall within the statutory definition of a “flat”.
Challenging this order, the petitioner approached the high court. The HC, however, dismissed the plea, observing that membership in a housing society flows only from lawful entitlement to a recognised flat as per the sanctioned building plan, and not from possession obtained through private sale transactions.
The court relied on the architect’s certificate and sanctioned layout, which showed that the basement and parking areas were outside the floor space index and designated as common facilities. Such areas, the court held, cannot be converted into independent units through private agreements or sale deeds.
Justice Borkar further clarified that the concept of deemed membership cannot override statutory eligibility and that common areas cannot be alienated, even through registered conveyances.
The ruling also reaffirmed the Supreme Court’s decision in Nahalchand Laloochand Pvt Ltd v Panchali Co-operative Housing Society Ltd, which held that parking spaces and basements are not saleable units, said Advocate Shreeprasad Parab, expert director of the Maharashtra State Housing Federation, who appeared for the society.
“Basements, parking areas, and other common facilities are common amenities, not saleable flats. The Bombay High Court has once again clarified that such areas cannot confer ownership rights or society membership,” Parab said.
The judgment sends a strong message to developers and purchasers, particularly in cases where common amenities are sold after society formation, often resulting in disputes, obstruction of essential services and structural risks.
“By upholding the minister’s decision, the high court has reinforced statutory protections for co-operative housing societies and ensured that planning norms prevail over private commercial arrangements. The ruling is expected to have far-reaching implications for redevelopment projects and disputes involving basements and parking areas across Maharashtra,” Parab added.
What the society says
“We thank the Bombay High Court and the minister for safeguarding the lawful rights of housing co-operative society members. This judgment reinforces the protection of common amenities and upholds the rights of our members,” said Prabodh Kumar, secretary, Talbiyha Paradise CHS, Taloja.
