Browsing Tag

Justice Amit Borkar

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.

Bombay HC Clears Path for Companies to Join Housing Societies, Scraps Share Limit Barrier

In a pivotal December 24, 2025, ruling, the Bombay HC ruled that companies can join cooperative housing societies without old share limits, dismissing petitions from a Thane society against a firm owning five bungalows. This opens doors for developers while mandating compliance with residential rules.
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 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 rates mentioned in the Ready Reckoner are basically for the purpose of collection of stamp duty and cannot be the basis for determination of the compensation for the lands acquired under the Land Acquisition Act,” the Bombay High Court reiterated while slamming the SLAO’s flawed approach and upholding enhanced compensation of ₹3.99 crore.

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 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.

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.