Can Refuge Areas Be Treated As Flats In Housing Societies? Bombay High Court Clarifies
Court quashes registrar’s order, says membership cannot be granted for non-existent flats
In a significant ruling impacting housing societies across Maharashtra, the Bombay High Court has clarified that ‘refuge areas’ in residential buildings cannot be treated as flats or residential units for the purpose of granting membership in co-operative housing societies.
The judgment came in a dispute involving multiple housing societies in a residential project in Bhandup, where certain individuals claimed ownership of five flats and sought membership. However, the societies argued that these so-called flats were actually designated refuge areas—open spaces reserved for emergency use as per approved building plans.
What The Court Said
The High Court made it clear that refuge areas cannot be equated with flats, not even as unfinished or “raw” units. Granting membership on such a basis would violate provisions of the Maharashtra Co-operative Societies Act, 1960.
The court emphasised that society membership is strictly linked to the number of legally approved flats available in a building. Any attempt to treat non-residential or emergency-use spaces as flats would be unlawful.
Registrar’s Order Set Aside
Earlier, the Divisional Joint Registrar had directed the societies to grant membership to the claimants. Challenging this, the societies approached the High Court.
After hearing the matter, the court quashed the registrar’s order and upheld the earlier decision of the Assistant Registrar, which had denied membership. The court supported the societies’ stand that the claimed flats did not legally exist.
Background Of The Dispute
The case revolved around a residential complex where the disputed spaces were clearly marked as refuge areas in sanctioned plans. These areas are meant for safety purposes, especially during emergencies like fire evacuations.
The societies also pointed out that the developer had executed sale agreements for these spaces years after the project had received its occupancy certificate. By that time, ownership processes had already been completed under the law, raising questions about the legality of such transactions.
Key Legal Takeaway
The High Court underlined that membership in a housing society cannot be granted based on non-existent flats. It also reinforced that developers cannot arbitrarily sell or convert designated refuge areas into residential units.
Why This Matters
This ruling sends a clear message to developers, buyers and housing societies:
Refuge areas are safety spaces, not saleable units.
Illegal conversions or transactions involving such areas will not be recognised under law.
Housing societies have the right to deny membership if the flat itself is not legally valid.
The judgment is expected to have wider implications, especially in cases where disputes arise over misuse or illegal sale of common or safety-designated areas in residential buildings.
