Bombay HC Draws Line between Civil and Coop Courts in Redevelopment Disputes
Judgment dated 18.9.2026 of the High Court of Bombay in Writ Petition No.9817 of 2026 of Anthony Irineus Carneiro and another Vs. Francis Colaco and others with connected writ petitions.
Redevelopment Disputes & Jurisdiction of Civil & Cooperative Courts
The opponents in the Disputes filed applications for dismissal of the Disputes on the ground that the Cooperative Court had no jurisdiction to adjudicate the disputes of redevelopment of the society as that did not touch upon the business of the society.
The cooperative Court had returned the disputes on the ground that the dispute between the parties was essentially in respect of the redevelopment process of the society and do not touch on the business of the society.
However, the Cooperative Appellate Court held that there was no justifiable reason to return the disputes.
Even where the apparent dispute pertains to the conduct of the meetings and the Resolutions passed therein, but the underlying dispute is in relation to the redevelopment, only the Civil Court has the jurisdiction as Civil Court can grant reliefs in relation to both the legality and validity of the resolutions passed in the meetings of the society and the disputes emanating from redevelopment process.
it is imperative to note that, as a large number of disputes arose in the matter of management of housing societies, the legislature intervened. Chapter XIII-B containing provisions in relation to “Co-operative Housing Societies”, came to be inserted by the Amending Act, 2019. Inter alia the definition of ‘housing society’ was amended.
- Section 154 B, 1(17) defines the “housing society” with reference to its object as under: “(17) “housing society” means a society, the object of which is to provide its Members with open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats are already acquired, to provide its Members common amenities and services and to demolish existing buildings and reconstruct 8 ARS Uploaded on – 19/09/2026 (2016) 6 Bom CR 629. 27/37 Downloaded on – 20/09/2026 22:21:38 -WP-9817-2026+.DOC or to construct additional tenements or premises by using potential of the land.” 36. With the aforesaid legislative change the reconstruction or redevelopment of a housing society, may now assume the character of a matter which touches the business of the society. Bye-laws of the Society, in the matter of convening, holding and passing of Resolution in the meetings of the Society, where redevelopment is at the heart of the controversy and the process of redevelopment has gained momentum and third party rights have intervened.
It is also imperative to note that it was not the case of the Petitioners that the process of redevelopment had gained momentum, in the sense that, the developer was appointed and the Development Agreement has been executed and the reliefs that may be granted by the Co-operative Court would not effectually and completely resolve the disputes presented before the Co-operative Court. On the contrary, as noted above, the Co-operative Court had passed an interim order restraining the society and its office bearers from giving effect to and implementing the impugned Resolutions. Therefore, there was no possibility of the Disputes being rendered infructuous or conflicting orders being passed by the Co-operative Court and the Civil Court.
