October 27, 2025: In a significant judgment, the Bombay High Court has clarified that housing societies opting for self-redevelopment do not require a No Objection Certificate (NOC) from the registrar or the District Deputy Registrar (DDR). The ruling, delivered on October 17, 2025, in Baltazar Fernandes & Others v/s DDR, H (West) Ward & Others, has effectively ended the long-standing practice of registrars demanding NOCs for redevelopment projects — often leading to corruption and delays.
Justice Amit Borkar observed that neither the Maharashtra Cooperative Societies (MCS) Act, 1960, its Rules, nor the Government Resolution (GR) dated July 4, 2019, issued under Section 79A — commonly known as the 79A Guidelines — mandates a registrar’s NOC. The court emphasized that the registrar’s role is “purely supervisory,” limited to ensuring that the Special General Body Meeting (SGM) is properly convened, quorum is maintained, voting is fair, and proceedings are video recorded.
The 79A Guidelines apply to all redevelopment projects involving a sale component — whether builder-led, cluster, or self-redevelopment. While not mandatory, substantial compliance ensures transparency. Under Clause 2, the process for appointing a developer also applies to selecting a contractor in self-redevelopment. Clause 17 requires the DDR to depute an authorised officer to oversee the SGM, for which 14 days’ prior notice must be given. The quorum must include two-thirds of members, with at least 51% written consent for approval.
The court further directed the Commissioner of Co-operatives to issue a circular instructing all registrars and DDRs not to demand or process redevelopment proposals based on NOCs and to file an affidavit confirming compliance by November 6, 2025.
This landmark verdict is expected to bring relief to societies, project management consultants (PMCs), and developers, freeing them from the long-standing and illegal NOC practice.
Source: The Free Press Journal
