Browsing Tag

Justice Amit Borkar

10 posts
The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.

Bombay High Court Limits Registrar’s Role – Complex Housing Society Disputes Must Go to Proper Forums

The Bombay High Court has limited the Registrar’s powers in cooperative housing disputes, ruling that complex issues like succession and document validity must be handled by courts, not administrative bodies. In quashing a 2018 order substituting a member’s name, the court restored the status quo in a decades-old case, highlighting jurisdictional overreach.
The Bombay High Court has set aside the registration of a developer-backed co-operative housing society in a Baramati project, ruling that authorities acted illegally by bypassing a pending purchaser-led application under MOFA and creating a fait accompli.

Builder Sold Flats, Disappeared for 40 Years – Bombay High Court Finally Gives Ownership to Residents

After selling flats in the 1980s, the landowner vanished for 40 years. Residents formed their own society, paid taxes, and maintained the buildings themselves. When the original owner finally claimed the land back, Bombay High Court threw out the case with costs and declared: the residents are the real owners. A historic victory for flat buyers across Maharashtra.
The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.

HC Imposes ₹1 Lakh Fine for Misleading Claim About Knowing Property Was Auctioned

The Bombay High Court has dismissed two writ petitions filed by Nashik-based borrowers after finding that they made “deliberately false statements” about their knowledge of a 2009 property auction. Calling it a misuse of judicial time, the court imposed ₹1 lakh costs and upheld the refusal to condone a 12-year delay.
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.

📰 Housing Society Committees Cannot Be Removed Arbitrarily by Cooperative Officials: Bombay High Court

Justice Amit Borkar of the Bombay High Court has ruled that housing society committees cannot be removed arbitrarily by cooperative officials. Quashing the Jijau Cooperative Housing Society’s supersession, the court held that any such action must strictly follow due process under Section 78A of the Maharashtra Cooperative Societies Act.
In a landmark decision, the Bombay High Court has affirmed that once you buy land, get it registered, and take possession after due permissions, no authority can revoke the deal years later over unrelated old agreements – a huge boost for property buyers in Maharashtra.

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.