Bombay HC: Collector Cannot Insist On Housing Society NOC To Register Court-Approved Consent Decree
Mumbai, August 18, 2026: The Bombay High Court has held that revenue authorities cannot insist on a housing society’s ‘No Objection Certificate’ (NOC) as a pre-condition for registering a court-approved consent decree, when there is no statutory provision requiring such permission. A bench of Justices Suman Shyam and Advait Sethna passed the order on August 17 while allowing a petition filed by…
Mumbai, August 18, 2026: The Bombay High Court has ruled that revenue authorities cannot require a housing society's 'No Objection Certificate' (NOC) for registering a court-approved consent decree, unless mandated by law. A bench of Justices Suman Shyam and Advait Sethna granted the order on August 17, confirming a petition filed by Sanjay Narang, founder of Mars Hospitality Group, and his sister Rachna Narang.
The dispute involved commercial properties at Soona Mahal Cooperative Housing Society, situated on Marine Drive. The society demanded an NOC from the Collector, which was disputed by the petitioners, who argued there was no statutory requirement for such permission. The court rejected the State's argument, stating that revenue authorities should support court decrees and not obstruct their implementation.
It also noted that the petitioners were prepared to pay the necessary transfer fee and premium, and directed the Collector to process their August 2024 application without insisting on an NOC from the society. The court clarified that the society would not be held accountable by the Collector for the absence of an NOC. The ruling leaves any separate dispute, such as alleged encroachment, to be addressed in appropriate proceedings.
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