Bombay HC rules Section 18 bifurcation can’t be misused by minority to block majority-approved redevelopment.
Bifurcation Cannot Thwart Society Redevelopment: Bombay HC
The Bombay High Court held that Section 18 of the Maharashtra Co-operative Societies Act cannot be invoked by a minority of members to bifurcate a housing society and frustrate a redevelopment project approved by the majority. The petitioners sought bifurcation to avoid redevelopment, but the court saw it as an abuse of process.
The bench emphasized that cooperative principles promote collective decision-making. It noted that allowing bifurcation to defeat democratically approved projects would undermine urban renewal and housing development.
Practitioners handling society matters must now contend with stricter scrutiny of bifurcation pleas. This decision supports redevelopment and curbs obstructionist tactics by dissenting members.
Citations
- Maharashtra Co-operative Societies Act, 1960, Section 18
