Browsing Tag

Justice Amit Borkar

12 posts
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 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.