22 hrs ago
Bombay High Court Quashes CIDCO Transfer Charges on Societies
CIDCO asked two old housing societies in Navi Mumbai to pay charges when flats were transferred.
The societies said their original lease papers did not mention these charges.
The Bombay High Court agreed that later rules could not automatically add new costs to those old agreements.
It cancelled the demands and related notices against the societies.
One demand was for Rs 24.58 lakh over the transfer of 27 flats.
The decision concerns Man Mandir Housing Society in Nerul and Surya Cooperative Housing Society in Vashi.
The court said a new rule must clearly say it applies to the past before it can create past financial liabilities.
The ruling could matter to other societies whose lease deeds were made before February 8, 1990.
The Bombay High Court quashed CIDCO transfer charge demands against two Navi Mumbai housing societies.
The societies are Man Mandir Housing Society in Nerul and Surya Cooperative Housing Society in Vashi.
CIDCO had demanded Rs 24.58 lakh from Man Mandir in 2016 for transferring 27 flats.
The court said later amendments cannot impose new liabilities retrospectively unless expressly made retrospective.
The decision could affect other societies with lease deeds executed before February 8, 1990.
- Who
- The Bombay High Court, CIDCO, Man Mandir Housing Society, and Surya Cooperative Housing Society.
- What
- The court quashed CIDCO's transfer charge demands and related notices against the two societies.
- Where
- Nerul and Vashi in Navi Mumbai, Maharashtra.
- When
- The ruling was issued September 29; the article is dated October 10, 2026.
- Why
- The court ruled that later regulatory amendments could not impose financial liabilities retrospectively when the original lease deeds contained no such provision.
Societies and Federation
CIDCO
Transfer charges on older leases
Societies and Federation
The societies argued their original lease deeds did not require members to obtain CIDCO permission or pay transfer charges, so later rules could not impose those liabilities retrospectively.
CIDCO
CIDCO demanded transfer charges, including Rs 24.58 lakh from Man Mandir Housing Society for transferring 27 flats. The article does not report CIDCO's arguments in court.
Key facts
- Court decision
- A Bombay High Court division bench quashed CIDCO's transfer charge demands and related notices against two housing societies.
- Decision date
- September 29; the article is dated October 10, 2026.
- Societies affected
- Man Mandir Housing Society in Nerul and Surya Cooperative Housing Society in Vashi.
- Original demand
- CIDCO demanded Rs 24.58 lakh from Man Mandir in October 2016 for the transfer of 27 flats.
- Regulatory amendment
- The article says transfer-charge provisions were introduced in an amendment to the Navi Mumbai Land Disposal Regulations, 1975, on February 8, 1990.
- Court's principle
- A later amendment cannot impose new financial liabilities retrospectively unless it is expressly given retrospective effect.
- Potential reach
- The ruling could affect other societies with lease deeds executed before February 8, 1990.
Quotes
Sunil Chaudhary
President of the Navi Mumbai Cooperative Housing Federation Limited
“Members of several housing societies were being charged substantial amounts when transferring their flats. This judgment reinforces the principle that a financial liability absent from the original agreement cannot automatically be imposed later through subsequent regulations.”
freepressjournal.in
Sources
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