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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:
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.
3. In 1996, the Chairman of respondent No.4 society submitted a list of members to CIDCO and the Joint Registrar. The list contained names of 534 flat owners. It included 80 members of Balaji Tower Society. This list is reflected in the annual audit report for 1997 to 1998. The General Body confirmed this report in September 1998. The report records that 80 members of Balaji Tower Society formed part of respondent No.4.
5. The
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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