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The Bombay High Court has upheld the decision to redevelop a housing society in Mumbai, dismissing an objection raised by a single member. The court ruled that decisions approved by the society's general body cannot be blocked by individual objections unless legal or procedural errors are proven. The case involved Sai Apartments Co-operative Housing Society, where a member sought to stop redevelopment citing CRZ concerns. However, the court noted that necessary approvals were secured and redevelopment decisions were democratically passed. This ruling reaffirms that cooperative housing societies can move forward with redevelopment plans approved by the majority of members.
In a significant ruling for cooperative housing societies, the Bombay High Court has dismissed a plea by a single member opposing the redevelopment of Sai Apartments Co-operative Housing Society. The court stated that redevelopment decisions, once approved by the society's general body and legally compliant, cannot be delayed or overturned based solely on objections from individual members. Advertisement
The petitioner had challenged the redevelopment process, citing concerns over the Coastal Regulation Zone (CRZ) classification of the society's land and alleged procedural lapses. She argued that the property fell under CRZ-2, and therefore the redevelopment could not proceed. However, the court found that the Mumbai civic body had already issued valid CRZ clearance for the land, based on a remark made in July 2023.
Justice Gauri Godse, who presided over the matter, ruled that housing societies are autonomous entities with the authority to make redevelopment decisions through majority voting. She emphasized that courts cannot interfere in such decisions unless the process is shown to be unlawful or grossly unfair.
The court also noted that redevelopment was being undertaken as per rules under the Maharashtra Cooperative Societies Act, and that CRZ permissions were in place. Advocate Vivek Shukla represented the petitioner, while senior counsel Anil Anturkar defended the society, asserting that the opposition was an attempt to stall the project unnecessarily.
This ruling is expected to serve as a precedent in similar disputes where a minority of members attempt to block approved redevelopment plans. Legal experts say the verdict reinforces the legal standing of democratically approved society resolutions and may accelerate stalled redevelopment projects across Mumbai.
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