Co-operative Society Membership for Basement Units and the Doctrine of Approbate and Reprobate in Redevelopment

sketch of the Bombay High Court
Case
ALJ Residency Co-Operative Housing Society Limited v. Gehlot Development Services Pvt Ltd (Bombay High Court, 07-10-2026)
Law
Maharashtra Co-operative Societies Act, Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act.

Highlights of the Judgment:

  • Detailed interpretation of the statutory definition of a flat under Section 154B-1(13) of the Maharashtra Co-operative Societies Act, 1960 and Section 2(a-1) of MOFA.
  • Examination of whether a basement space sanctioned for storage can qualify for co-operative society membership.
  • Application of the doctrine of approbate and reprobate regarding a housing society's inconsistent conduct toward regularization proposals.
  • Judicial evaluation of parity between unauthorized basement occupants and unauthorized upper-floor flat owners during redevelopment.
  • Analysis of the limits of quasi-judicial authority under Section 22(2) concerning title disputes and statutory membership restrictions.