#Cooperative Housing Societies

Bombay High Court rules that an arbitration clause in a redevelopment agreement remains enforceable despite subsequent supplementary agreements, unless the original contract is explicitly substituted. The judgment reinforces the survival of arbitration clauses under the Indian Contract Act and Arbitration and Conciliation Act 1996, impacting cooperative housing societies and developers in contract disputes.

Bombay High Court rules that dissenting housing society members, even if non-signatories to a redevelopment agreement, must vacate flats under Section 9 of the Arbitration Act if the developer complies with the agreement and the majority approves redevelopment. The ruling clarifies that interim relief under Section 9 extends to non-signatories when the agreement's terms are legally binding on all members.

Bombay HC quashes electoral orders that exceeded statutory scrutiny limits under Rule 76, reaffirming that only names in the official membership register qualify for voting rights. The ruling bars authorities from adjudicating eligibility beyond the register, ensuring strict compliance with election rules for cooperative societies.

The Bombay High Court has ruled that a landowner who enables housing development, transfers FSI rights, and facilitates flat sales - even without a formal development agreement or direct cash payment - qualifies as a 'promoter' under MOFA. This triggers mandatory conveyance obligations to housing societies, reshaping how landowners structure joint development arrangements across Maharashtra.

The Bombay High Court has ruled that under Section 11 of the Maharashtra Ownership Flats Act, deemed conveyance of land must be calculated based on the proportion of built-up area occupied by each society, not the total plot area. This sets a critical precedent for cooperative housing societies, ensuring equitable land allocation and preventing unjust enrichment of one society at the expense of others sharing the same layout.

Bombay High Court holds that quasi-judicial authorities cannot revisit rejected deemed conveyance applications under MOFA Act; res judicata applies strictly.

Bombay High Court holds that Deputy Registrar's power under Section 154B-27 of Maharashtra Co-operative Societies Act is confined to enforcing prior orders, not adjudicating new claims of encroachment charges.

Bombay High Court holds that housing societies cannot recover property tax based on uniform inflated rates; recalculations must align with official municipal records.

Bombay High Court holds that MHADA need not obtain consent from all cooperative societies for redevelopment when it remains legal owner of land and buildings under DCPR 2034.