Browsing Tag

cooperative housing society

11 posts
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

Redevelopment Disputes Can’t Be Thrown Out Without Trial: Bombay High Court

The Bombay High Court has ruled that redevelopment disputes in cooperative housing societies cannot be summarily dismissed solely on jurisdictional objections, allowing members to challenge general body decisions in the Co-operative Court after proper trial.
In a blow to the original developer, the Bombay High Court has dismissed Sunshine Builders' petition, mandating a ₹125 crore deposit to appeal the DRT's refusal to allow late amendments challenging a 2019 SARFAESI auction. With construction advanced and third-party rights crystallised under Lodha Developers, the court prioritised statutory pre-deposit rules and equities over the builder's claims.

Bought a Flat in Bank Auction? You Must Clear Past Society Dues to Become a Member

Buying a flat in a bank auction may not be a clean deal after all. In a key judgment involving a posh South Mumbai housing society, the Bombay High Court has ruled that auction buyers must clear pending society dues of previous owners before being granted membership.
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

Bombay HC: Cooperative Societies Alone Have the Right to Decide Membership – Registrar Cannot Force Admission

Bombay High Court delivers big win for cooperative housing societies: “Only the society can decide who its members will be – Registrar has no power to force admission.” In a 30-year-old Peddar Road dispute, the Court quashed direct membership granted to heirs who never paid the original contribution.
In a sharp rebuke to misuse of public interest litigation, the Bombay High Court on April 8, 2026, dismissed a 13-year-old PIL challenging the redevelopment of a luxury tower on Altamount Road, calling it a private grievance disguised as a public cause. The court noted that the building was already constructed and partly occupied as per valid approvals, with no proven safety hazards.

Bombay High Court Shocker: Builder Can’t Form Two Societies in One Building

In a major ruling impacting mixed-use housing projects, the Bombay High Court has held that developers cannot form separate cooperative societies for residential and commercial units in the same building unless they are functionally and physically independent. The Court also declared the 2004 Maharashtra government circular permitting such practice as having no statutory force.