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GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.

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Respondent No.3  Society issued Letter of Intent to the Respondent No.4 Developer without inviting tenders as per the Notification dated 4.7.2019.

The petitioner – Ex Chairman of the Housing Society has challenged the said decision and filed complaint.  The Respondent No.2 Deputy Registrar issued the notice dated 13.2.2024 to the Society.

HELD that the Government Resolution dated 4.7.2019 is not mandatory but directory in nature.   The guidelines are intended to be followed to ensure a fair and transparent redevelopment process.   Therefore, every deviation and procedural lapse by itself does not constitute actionable wrong unless it is violative of the object of the directives or some statutory requirement.

A majority decision taken in a properly convened meeting will prevail.   AS the decision to appoint the developer without inviting tenders was taken by the majority members in accordance with law and it is done under the supervision of the authorised Officer of the Respondent No.2.   Therefore, no interference is called for.

Judgment dated 6.10.2025 of the High Court of Bombay in Writ Petition No.7536 of 2025 of Devendra Kumar Jain  Vs.  State of Maharashtra and others

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