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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
AMIT BORKAR
Writ Petition No.1218 of 2023 With Interim Application No.11989 of 2025, Writ Petition No.1228 of 2023 With Interim Application No.14785 of 2023 – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to bifurcation based on previous societal structure. (Para 1 , 2 , 5) |
| 2. past integration indicates lack of operational link. (Para 3 , 4 , 6) |
| 3. clear factual evidence supports separate management. (Para 16 , 18 , 20) |
| 4. clear statutory provisions allow bifurcation without external permissions. (Para 28 , 30 , 32) |
| 5. final order allows effective bifurcation and collective welfare. (Para 35 , 36 , 37) |
JUDGMENT:
AMIT BORKAR, J.
1. The petitioners have filed these writ petitions under Article 226 of the Constitution of India. They challenge the judgment and order passed by respondent No.2. Respondent No.2 allowed the appeal filed by respondent No.4. The appeal challenged the order of respondent No.3 directing bifurcation of petitioner No.1 housing society.
2. Respondent No.4 cooperative housing society was registered on 17 February 1993. It was registered on two different plots. Plot No.1 in Sector 28 and Plot No.8 in Sector 22. CIDCO allotted both plots through separate lease agreements dated 21 April 1993. The plots are approximately one kilometre apart. Plot No.1 contains 18 residential buildings and two commercial buildings. Plot No.8 contains 80 residential
Cooperative law permits bifurcation of societies when it enhances member welfare and does not require external approval beyond statutory provisions.
Bifurcation of a cooperative housing society is permissible when it serves collective welfare, promotes better administration, and ensures that members' rights and interests are upheld under the Maha....
Non-compliance with statutory notice requirements under Section 14(4) of the Karnataka Co-operative Societies Act is an irregularity, not a fatal flaw, allowing bifurcation to proceed.
The court upheld the validity of bifurcation orders under the Maharashtra Co-operative Societies Act, confirming that procedural compliance with consultation requirements was met.
Court ruled that separate societies for mixed-use buildings are permitted only if substantial independent functioning and separation exist, as required by statutory provisions.
Decisions made by the General Body of a Cooperative Society are binding on all members, and members cannot independently challenge such decisions unless they are overturned by a competent authority.
The court determined that membership restrictions under Section 28 of the Maharashtra Co-operative Societies Act do not bar property ownership by a member and were excluded for housing societies, all....
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