3 hrs ago
Bombay HC Quashes Separate Society in Integrated Redevelopment
The Bombay High Court considered a disagreement between residents of a redeveloped building.
Some residents in Wings A and B wanted their own housing society.
The other society said the residents had to follow a legal process before separating.
The court agreed with the existing society and cancelled the new society’s registration.
It said residents could not use a different registration route to avoid the division procedure.
The wings still share important facilities such as parking, gates, water tanks and electricity connections.
Their purchase agreements also said they would join the existing society.
The court paused its decision for six weeks so the residents could appeal.
The Bombay High Court quashed registration of Atharva Cooperative Housing Society Ltd. for Wings A and B.
Justice Sandeep Marne said residents must use Sections 17 and 18 to divide an existing society.
The four wings share podium parking, gates, water tanks, electricity connections and recreational spaces.
Sale agreements required Wings A and B purchasers to become members of Swa-Griha Cooperative Housing Society Ltd.
The court granted a six-week stay to allow Atharva CHS to pursue an appeal.
- Who
- The Bombay High Court, Justice Sandeep Marne, Swa-Griha Cooperative Housing Society Ltd., and residents of Wings A and B.
- What
- The court quashed the registration of Atharva Cooperative Housing Society Ltd. and ruled that separation must follow the statutory division procedure.
- Where
- A redeveloped multi-wing complex in Prabhadevi, Mumbai.
- When
- The judgment was delivered on September 18, 2026; the registration had been granted in February 2025.
- Why
- The court found that the residents sought to bypass Sections 17 and 18 of the Maharashtra Cooperative Societies Act, 1960, despite shared facilities and sale agreements requiring membership in Swa-Griha CHS.
Residents Seeking Separation
Existing Society
Creation of a separate society
Residents Seeking Separation
Residents of Wings A and B sought a separate cooperative housing society, citing management issues and differences between the two groups.
Existing Society
Swa-Griha CHS challenged the new registration, arguing that residents could not create a separate society without following the statutory division process.
Legal route
Residents Seeking Separation
Atharva CHS was registered under Section 9 of the Maharashtra Cooperative Societies Act, 1960.
Existing Society
The court held that residents seeking separation had to use the division mechanism under Sections 17 and 18, rather than indirectly fragmenting the existing society through Section 9.
Membership obligations
Residents Seeking Separation
Residents pursued separation despite the existing arrangement between the two groups.
Existing Society
Swa-Griha CHS and the court relied on sale agreements stating that Wings A and B purchasers were required to become members of Swa-Griha CHS.
Key facts
- Court
- Bombay High Court
- Judge
- Justice Sandeep Marne
- Existing society
- Swa-Griha Cooperative Housing Society Ltd.
- Separate society
- Atharva Cooperative Housing Society Ltd.
- Complex
- Four wings—A, B, C and D—with 240 flats
- Shared facilities
- 10-level podium parking, entry gates, water tanks, electricity connections and recreational spaces
- Stay period
- Six weeks to enable an appeal
Quotes
Justice Sandeep Marne
Bombay High Court judge who delivered the ruling
“Registration under Section 9 cannot be used as a means to indirectly fragment an existing society.”
freepressjournal.in
“The flat purchasers of Wings A and B have thus purchased the flats with their eyes wide open.”
freepressjournal.in
Sources
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