Bombay HC Upholds Redevelopment Decision Against Member’s Objection

The Bombay High Court has dismissed an appeal filed by a resident of a cooperative housing society, which sought to stop the redevelopment of the building, affirming that the general body’s decision holds binding authority. The court clarified that any objections raised without challenging the resolutions passed by the society’s general body would only lead to unnecessary delays in the redevelopment process.

The case centred around a resident’s objection to the society’s redevelopment plans, citing concerns over land falling in the Coastal Regulation Zone (CRZ). However, the court emphasised that the general body holds the highest authority over decisions related to the society’s property. The resident, Mridula Chakraborty, sought to restrain the society from proceeding with the tender documents approved in the general body meeting, based on concerns raised about the CRZ zone and the size of the land.

The society presented evidence that the property did not fall under CRZ, as per the BMC’s CRZ remarks. The court also noted that the society had consulted with a project management consultant to address any procedural issues. It further highlighted that the petitioner’s objections were not formal challenges to the general body’s resolutions but were instead delaying the redevelopment process, which was detrimental to society as a whole.

This ruling reinforces the importance of upholding decisions made by a cooperative society’s general body and serves as a reminder of the authority vested in it for smooth and timely redevelopment initiatives.