In a decision that will bring huge relief to thousands of housing society members across Maharashtra, the Bombay High Court has completely cancelled orders that tried to break Jay Anand Co-operative Housing Society in Borivali into two parts. The court said small groups of members cannot force a split and take away part of the land just because they are unhappy – the majority must agree, and all rules must be followed properly.
Justice R.I. Chagla gave this important judgment on January 30, 2026, after hearing long arguments from both sides. The ruling protects the unity of societies and stops misuse of government powers to create tiny new societies or duplicate land ownership papers.
How the Fight Started – A Small Group Wanted to Separate
Jay Anand Co-operative Housing Society was formed in 1988. It owns one big plot of land (about 1,310 square meters) in Borivali, Mumbai. On this land there are:
- An old bungalow (built in 1954) with only 4 flats, mostly used by members from two families (Patel/Siddhpara and Joshi).
- A bigger building (A and B wings, built in 1985) with 18 flats.
Total flat owners/members: 22 people sharing the entire land, building, water, electricity, and future building rights.
Some members living in the bungalow felt they were not getting fair treatment or benefits from the main society. So, 3–4 of them asked the government officer (Deputy Registrar of Co-operative Societies) to:
- Allow them to make a new small society just for the bungalow (called Jay Anand Bungalow CHS).
- Split the original society into two.
- Give them separate ownership papers (called deemed conveyance) only for the bungalow part (about 330 square meters).
The officer agreed and passed three main orders:
- December 2017: Allowed a new society with very few members (special exemption).
- November 2018: Ordered the society to be split.
- November 2020: Gave separate land papers to the bungalow group.
The main society (most of the 22 members) said “This is wrong and illegal!” and went to the Bombay High Court. After detailed hearings, the court agreed with them and cancelled all three orders.
Why the Permission to Make a New Small Society Was Cancelled
Normally, a co-operative housing society needs at least 10 members to get registered. But the government can give special permission for fewer members under certain strict conditions (1995 government notification).
The two main conditions are:
- Every flat in the new small society must have carpet area of 700 square feet or less.
- There should be no extra building permission (FSI) left on the land for future construction.
In this case:
- The bungalow flats were each bigger than 900 square feet (as shown in old building plans from 1988).
- There was still some extra FSI left (about 12 square feet), plus possibilities for more in future (TDR and fungible FSI rules from 2012).
So the bungalow group did not qualify at all for this special permission.
Even worse: The top officer (Commissioner of Co-operative Societies, Pune) sent his team to check the site and gave a clear report in August 2017 saying: “Only 3–4 members here. It is not proper to allow such a small society.” The lower officer and ministry completely ignored this important report and gave permission anyway – without giving any reason why they disagreed.
The court said: “This is a big mistake. You cannot ignore your own senior officer’s report, and you broke your own rules about flat size and FSI. Plus, the main society was never given a chance to explain their side (no proper hearing).”
→ All these reasons made the 2017 permission order illegal. The court cancelled it completely.
Why the Order to Split the Society Was Also Wrong
To split (bifurcate) a society, the law (Sections 17 & 18 of Maharashtra Co-operative Societies Act) says:
- At least 3/4 of all members must agree in a general body meeting (this never happened – most members said NO).
- Or it must be in real “public interest” or in the interest of most members (not just a tiny group of 3–4 people).
The court said this was only a small minority wanting separation – it was not for the benefit of the majority or the public. Many important steps were also skipped, like preparing a proper plan to divide money, repairs, water bills, etc.
Since the split order was based on the already-wrong permission, it too was cancelled.
Separate Land Papers for the Bungalow Group Cancelled
The main society already got full ownership papers (deemed conveyance) for the entire plot in 2016–2017. Once that is done, the officer cannot give part of the same land to someone else again.
The bungalow group tried to get new papers under MOFA law in 2020, but the court said: “No – you cannot use one law to fix mistakes made in another law. The split was invalid, so separate papers are also invalid.”
→ This 2020 order was also cancelled.
No Violation of Court’s Earlier Order
The court had earlier ordered “status quo” (no changes) on the bungalow part till the case finishes. Later the society signed a redevelopment deal with a builder, but the agreement clearly said: “We are only developing the big building part – not touching the bungalow area because of the court order.” The building plans also removed the bungalow area from calculations.
The court said: “No rules broken.” The contempt case filed by the bungalow group was dismissed.
What This Means for You – Flat Owners, Society Members, and Everyone
- Small groups of 3–5 unhappy members cannot force a split and take away part of the land without majority approval.
- Societies stay united unless 75% members really agree, or there is a genuine big reason for the good of everyone.
- Government officers must follow strict rules: flat size limit of 700 sq.ft., no leftover FSI, listen to senior reports, and give hearing to the main society.
- Once full land papers are given to a society, no one can get duplicate papers for part of it.
- This protects your future redevelopment chances, common facilities, and shared ownership rights.
The original Jay Anand society (22 members) now keeps full control of the entire plot. The attempt by a few to break away has failed.
This judgment is a strong message: Housing societies belong to the majority, and the law will protect unity and fairness.
Also Read: Full Payment to Builder Is NOT a Pre-Condition for Society Membership
