3 weeks ago
Bombay HC Sets Aside Mira Road Housing Society De-Registration
A group of people who own industrial spaces in a building in Mira Road formed a special group called a housing society.
This society was registered in 2008 to help manage the property.
Later, the builder who made the building asked the government to cancel the society.
He said some papers had mistakes and that the building was not legal.
But the people in the society said the builder made those mistakes himself.
They were worried that ending the society would create a big mess.
The Bombay High Court heard their complaint.
The judge said a builder cannot break up a society by pointing to his own mistakes.
The judge also said the builder did not get proper permissions to build.
So the court cancelled the order that removed the society, and the society stays.
The Bombay High Court quashed the 2025 de-registration order of the Maharashtra Co-operation Minister for the Hatkesh Udyog Nagar Industrial Premises Co-operative Housing Society.
Justice Sandeep Marne ruled that a builder cannot seek to dissolve a society by citing illegalities arising from his own actions.
Builder Paresh Vora of Hatkesh Builders had sought de-registration since 2015, citing document discrepancies and alleged illegal construction.
The court noted the builder sold industrial units without necessary development permissions and that the land was not converted to non-agricultural use.
The society, registered in 2008, comprises 72 industrial units near the Mira Road end of Ghodbunder Road.
The court observed the first units were sold in 1979 but the builder did little for nearly three decades to form the society.
- Who
- Justice Sandeep Marne of the Bombay High Court; builder Paresh Vora of Hatkesh Builders; members of the Hatkesh Udyog Nagar Industrial Premises Co-operative Housing Society
- What
- The Bombay High Court set aside the de-registration of the Mira Road co-operative housing society, ruling that a builder cannot rely on his own illegalities to dissolve it
- Where
- Mira Road, near the Ghodbunder Road end, Mumbai; heard at the Bombay High Court
- When
- Order reported on August 7, 2026; de-registration sought since 2015; minister's order dated 2025 was quashed
- Why
- The builder constructed and sold units without proper permissions and cannot be allowed to benefit from his own wrong by seeking the society's dissolution
Society Members' Stance
Builder's Stance
De-registration of the society
Society Members' Stance
Dismantling the society would disrupt the management of the industrial estate and lead to 'total chaos'; the alleged illegalities were the builder's own doing.
Builder's Stance
The society should be de-registered because of discrepancies in the registration proposal, including a mismatch in the number of industrial units, overwriting in documents, and alleged illegal construction.
Responsibility for irregularities
Society Members' Stance
The builder himself caused the illegalities and should not be allowed to benefit from his own wrong.
Builder's Stance
The registration documents contained genuine discrepancies and the construction was illegal, justifying cancellation of the society's registration.
Key facts
- Court
- Bombay High Court
- Judge
- Justice Sandeep Marne
- Society
- Hatkesh Udyog Nagar Industrial Premises Co-operative Housing Society
- Location
- Mira Road, near Ghodbunder Road, Mumbai
- Industrial Units
- 72
- Year of Registration
- 2008
- De-registration Sought
- 2015, by Paresh Vora, proprietor of Hatkesh Builders
- First Units Sold
- 1979
Quotes
Justice Sandeep Marne
Justice of the Bombay High Court
“"If a developer constructs a building without securing permissions, sells units therein, and after a society is formed by the unit purchasers, he applies for de‑registration on the ground that the building constructed by him is illegal… the answer to my mind appears to be in the negative."”
freepressjournal.in
“"Although the first units were sold in 1979, the builder had done ‘precious little’ over nearly three decades to form the society and now wanted it dissolved for an ‘obvious oblique motive’."”
freepressjournal.in
Sources
Related news
Bombay High Court Rejects Split Legal Challenges to Redevelopment
Worli Police Register Two FIRs Over Housing Society Redevelopment Fraud
Court Quashes Criminal Case Against Aavas Financiers Over Demolished Flat
Bombay HC: Deputy Registrar Cannot Reopen Rejected Bifurcation Proceedings
Eight Green Acres Committee Members Disqualified Over Non-Disclosure of Records
BMC Demolishes Unauthorised Alterations at Mumbai’s Rustomjee Crown
Tukaram Mundhe Warns Indians About Food Safety Risks
Maharashtra Family Welcomes First Daughter in Nearly 200 Years
Maratha Protesters Block Highway Supporting Manoj Jarange Patil
Maharashtra Mountaineers Join Search for Missing Nepal Trekkers
CJP Highlights Poor Conditions in Nagpur Government Schools
