The Bombay High Court, on Tuesday, directed a housing society federation in Thane to issue a No Objection Certificate (NOC) to a dilapidated society in the layout, to facilitate the Cooperative Housing Society to independently undertake redevelopment despite the former holding conveyance title.The Bombay HC directed the federation to issue the NOC within two weeks of the society clearing its dues of approximately ₹19 lakh. (iStock)The court also dismissed conditions put forth by the dederation for redevelopment of the individual society within the federation.The case pertains to a dispute between Vijay Nagari Cooperative Housing Society building numbers 1 to 4 versus Vijay Nagari Cooperative Housing Societies Federation Limited and others in Thane. The Federation has a total of 7 buildings. The housing society was represented by advocates S Parthasarathy with Madhurani and Divya K.The dispute arose when the housing society, representing buildings constructed in 1996, sought to redevelop its aging structures but faced obstruction from the Federation, which owned the entire layout land.The society argued that the federation had delayed issuing NOC, citing objections related to road frontage, recreational grounds and outstanding dues. The federation had issued a conditional NOC in August 2023, limited to 3 months, which was seen as insufficient for the society’s redevelopment plans.During proceedings, the court noted that the society was not opposed to the joint conveyance of the entire land but was primarily concerned about federation’s non-cooperation. The court observed that the Federation’s objections about road frontage were misplaced, as the society’s buildings already had frontage and that the sale of land had already been approved by an earlier order. It also highlighted that the challenge was based on the Federation’s reluctance to issue a necessary NOC and that the Housing Society intended to undertake redevelopment within its allocated 21.62% share of the land.Also Read: Parents can reclaim property gifted to children if they don’t take care of them: Bombay High CourtThe Bombay High Court directed the federation to issue the NOC within two weeks of the society clearing its dues of approximately ₹19 lakh and instructed that the society undertake redevelopment only on its designated land share, with a design approved by mutual consent. It also set aside an order of the Divisional Joint Registrar in relation to a complaint filed by the Housing Society and emphasised that the society’s withdrawal of a criminal complaint would facilitate the redevelopment process.Justice Sandeep V Marne directed that the housing society be permitted to proceed with redevelopment of its buildings after settling dues and securing necessary clearances. The court dismissed a challenge to a 2022 order that granted the Federation unilateral deemed conveyance of the entire layout land, emphasising that this order would remain intact. It directed the society to pay all outstanding dues within two weeks, after which the Federation must issue an unconditional NOC for redevelopment.