Unified Federation for SRA and NDZ Areas

Relevant Points for Federation Registration:

1. Single Property Card, Survey Number, and CTS Number:

When a property has one Property Card, one Survey Number, and one CTS (City Survey) Number, it signifies that the land is legally recognized as a single entity. This is important when considering whether a federation can be formed, as it highlights unified ownership and legal identification of the land.

2. Mixed Land Use (NDZ and SRA):

NDZ (No Development Zone) and SRA (Slum Rehabilitation Authority) fall under different land-use categories.

NDZ usually restricts or prohibits development, while SRA allows for rehabilitation and redevelopment projects.

Under municipal guidelines (e.g., BMC Act, MOFA), these land-use zones typically require separate permissions for their respective developments. However, having a common property card and CTS number suggests that the land is viewed as one entity from a legal ownership perspective.

MCS Act on Cooperative Federation:

The MCS Act allows multiple cooperative housing societies (such as those formed under SRA or for NDZ) to join together into a federation. However, each society (if separately constituted) must first be registered individually before they can form a federation.

Section 2(16) of the MCS Act defines a federal society as a society that is constituted with other societies as its members. This means that if separate cooperative societies are formed for different portions of the land (e.g., NDZ society and SRA society), these societies can federate, provided they follow the procedures laid down under the Act.

Practical Implications:

If the NDZ and SRA projects are part of one legal property entity (i.e., having the same property card, survey number, and CTS number), the owners or developers may be able to form one cooperative federation for both zones under the MCS Act.

However, if the land-use regulations or the approvals under the BMC Development Plan require distinct societies for NDZ and SRA purposes, these societies can later be federated once they are individually registered.

Additional Laws Involved:

1. BMC Act and Development Control Regulations:

Ensure that the use of land (NDZ and SRA) complies with the approved development plan under the BMC (Brihanmumbai Municipal Corporation) Act and development control regulations.

2. MOFA (Maharashtra Ownership Flats Act):

If the land involves sale or transfer of flats under a developers project, MOFA will also apply to the transfer of ownership and registration of societies for flat purchasers.

3. SRA Regulations:

The SRA scheme has its own guidelines under the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. These need to be integrated with the MCS Act for society registration under redevelopment projects.

Conclusion:

Yes, it is possible to register a Cooperative Society Federation under the MCS Act for land that encompasses both NDZ and SRA zones if they share the same property card, survey number, and CTS number, provided that all legal formalities are complied with, including forming separate cooperative societies (if required) for each development zone before federating them.

Consultation with legal experts or authorities (such as the District Registrar) is essential for verifying the feasibility and to ensure that all local land-use and cooperative laws are appropriately adhered to.