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The Gujarat High Court has ordered a halt to construction of a 10 storey residential building in Vadodara's Alka Cooperative Housing Society due to the absence of a mandatory No Objection Certificate (NOC) from the society. Although the Vadodara Municipal Corporation had granted development permission, the court clarified that society consent is essential. The housing society had raised concerns over internal road encroachments and violation of its bylaws. The developers referred to an old society resolution and municipal approval, but the court emphasised that civic permission does not override society regulations.
The Gujarat High Court recently intervened to stop construction of a 10 storey building in Vadodara's Alka Cooperative Housing Society Ltd, noting that work had begun without the required No Objection Certificate (NOC) from the society. The Vadodara Municipal Corporation (VMC) had earlier granted development permission, but the court pointed out that civic approval explicitly required the society's consent before construction could commence. Advertisement
Construction on four plots began in 2024 following revised municipal approval. The society challenged the project, citing encroachments on internal roads and breaches of its bylaws, which limit land use strictly to residential purposes. The society initially approached a civil court for a construction stay, but the matter eventually escalated to the High Court when local relief was not granted.
Counsel for the society stated that although the municipal permission had been issued earlier, it was conditional on obtaining the society's consent. The four plot owners argued that a 1980 society resolution allowed the construction and that the municipal permit validated their rights. Officials from the VMC acknowledged that the permission followed General Development Control Regulations but confirmed that consent from the society was a mandatory condition.
Justice Niral Mehta observed that without a valid society NOC, the ongoing construction lacked legal permission. He emphasised that construction within a cooperative housing society must strictly follow the society's bylaws, and municipal approval alone cannot override internal regulations. The judgment reinforces the requirement that developers secure all relevant community consents alongside civic permissions.
This ruling builds on past High Court decisions in Gujarat that have consistently required adherence to local governance frameworks, including society rules, fire safety approvals, and building use permissions. It highlights that regulatory and community compliance are essential and cannot be bypassed by relying solely on municipal clearances.
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