Collector's nod not required to modify society name in records

22 Feb 2022 CW Team

Providing relief to a housing society in Chembur, the Bombay high court held that the collector’s approval is not needed for mutation of its name in revenue records.

Justices Shahrukh Kathawalla and Milind Jadhav quashed and set aside a February 16, 2021 letter of the City Survey Officer (CSO), Chembur, declining to change the name of Basant Vihar CHSL in revenue records for want of a No Objection Certificate (NOC) from the collector. The society’s petition said the property was awarded to Basantrai Motiram in August 1946 under Bombay Land Revenue Rules, 1921, by way of a Form HH that governs the way the property must be utilised.

Motiram, the original owner, developed 17 flats and two garages on the property. Society includes buyers of these apartments. Motiram’s legal heirs gave the property to society in 1968. When its members wanted to redevelop the dilapidated building, they realised the society’s name did not display in revenue records. An application was made to the CSO to change it.

Their advocate, Saket Mone, claimed that the grant being under Form HH and there being no limitation on transfer of property, there is no question of collector’s approval. The judges agreed with Mone that judgments of Bombay HC have often laid down that no such NOC is needed for change and said the City Survey Officer’s (CSO) letter proceeded on an incorrect basis.

State’s advocate Hemant Haryan told the media that in the garb of the petition, the society is indirectly asking for approval for redevelopment and terms of Form HH are needed to be complied with. The judges said they fail to notice how any of this emerges. They ordered the CSO to process the Society’s application within four weeks.

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