Browsing Tag

Amit Borkar judgment

2 posts
Bombay HC dismisses plea: Basement & parking not a 'flat' under MCS Act → no membership in coop society. Justice Borkar upholds strict sanctioned-plan rule.

Bombay High Court Rules Basement & Parking Purchase Does Not Confer Cooperative Housing Society Membership

Bombay HC dismisses plea: Basement & parking not a ‘flat’ under MCS Act → no membership in coop society. Justice Borkar upholds strict sanctioned-plan rule.
In a landmark ruling on November 25, 2025, the Bombay High Court clarified that the contractual term 'built-up area wall to wall' equates to carpet area, dismissing a developer's challenge to an arbitral award in a Mumbai land development dispute. The decision highlights the need for precise language in real estate agreements to prevent ambiguities over usable space.

One Society for Two Buildings a Kilometer Apart? Bombay HC Backs For Independence

Bombay High Court has upheld the bifurcation of Balaji Tower CHS from Shree Ganesh CHS in Nerul, observing that the two plots — located over a kilometer apart — functioned separately for years. The Court ruled that no CIDCO permission was required for the split, bringing long-awaited legal clarity for residents.