India, March 26 -- The Bombay high court (HC) on Wednesday struck down an order of the divisional joint registrar who had granted membership of a housing society in Bhandup West to purchasers of five flats that "simply do not exist". The court noted that what the developer had, in fact, sold to the two purchasers who sought membership of the housing society, were refuge areas in the residential buildings. Observing that the society was right in refusing membership to the purchasers, the court said "the refuge area cannot be considered as a flat or even a raw flat".

A single judge bench of justice Firdosh Pooniwala said that the housing society granting membership to the two purchasers would be a direct violation of the Maharashtra Co-ope...