Bombay HC Quashes NOC For Commercial Use Of Khar Residential Flat; Says Deputy Registrar Lacked Authority
Mumbai, October 31, 2026: The Bombay High Court has pulled up a cooperative housing society’s Deputy Registrar for overstepping his authority by granting permission for commercial use of a residential flat, holding that the officer had “clearly usurped the powers and functions of the society” despite having no statutory authority to do so. Justice Sandeep Marne, on October 30, set aside the NOC…
The Bombay High Court has overturned a No Objection Certificate (NOC) issued by a Deputy Registrar in Khar, Mumbai, for the commercial use of a residential flat. The court ruled that the Deputy Registrar had overstepped his authority and lacked the statutory power to grant such permission. The decision was made in response to a petition filed by the cooperative housing society, challenging the permission granted to flat owners Fazal Sayed and Aafreen Sayed.
The court highlighted that the Deputy Registrar had issued the NOC without even hearing the society, and that he had no authority to do so under the Maharashtra Cooperative Societies Act. Owners of the flat can now approach the Cooperative Court for an NOC, which would be decided on its own merits.
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