India, Sept. 20 -- Residents of two sale-component wings of a Prabhadevi building cannot form a separate housing society while an existing society already covers the building, the Bombay High Court has ruled, setting aside the registration of Atharva Co-operative Housing Society. The court said the Maharashtra Co-operative Societies (MCS) Act, 1960, provides a separate process for residents seeking to split an existing society.

Justice Sandeep Marne on Friday quashed the Deputy Registrar's February 20, 2025 order registering Atharva CHS for Wings A and B of the four-wing Swa-Griha CHS building, Prabhdevi.

"In my view, the scheme of the MCS Act does not permit the formation of a new society independently when another society is already f...