Bombay High Court Dismisses Resident's Plea Against Sai Apartments Redevelopment
The Bombay High Court has dismissed an appeal by a resident of Sai Apartments Co-operative Housing Society challenging the redevelopment process, affirming the binding nature of decisions taken by the society’s general body.
MumbaiReal EstateRedevelopmentBombay High CourtSai ApartmentsReal Estate MumbaiMay 20, 2025
Justice Gauri Godse rejected the appeal filed by Mridula Chakraborty, a member of the society, who had sought interim relief to restrain the society from proceeding with the redevelopment tender approved in the general body meeting.
The court observed that the general body is the supreme authority in matters concerning the society’s property and that the appellant had not challenged any of its resolutions before the cooperative court.
“Any attempt made by the appellant to raise such objections without challenging the decisions taken by the general body of the society would unnecessarily delay the redevelopment undertaken by the society,” Justice Godse stated.
Chakraborty argued that the land in question falls under the Coastal Regulation Zone (CRZ) as per remarks issued by the municipal corporation in July 2023. She raised concerns that discrepancies in the tender document—particularly regarding the total area of land—might lead to complications with the developer, potentially causing financial loss to the society.
While the society relied on a later CRZ remark dated February 2025 that indicated the land does not fall under the CRZ, the document clarified that a CRZ clearance from the appropriate authority would still be required before any development.
Chakraborty maintained that she was not opposed to redevelopment but was seeking safeguards to ensure procedural compliance. “The society would suffer a huge loss in view of the discrepancy in the tender notice,” she argued.
The society countered that the objections had already been addressed during the general body meeting and that the redevelopment was approved after appointing a project management consultant to handle technical and regulatory aspects.
Justice Godse noted, “The plaintiff has raised no objections with regard to the approvals given by the general body for the tender document,” and held that the appeal lacked merit. The court found no illegality in the city civil court’s earlier order and disposed of the pending interim application as infructuous. The appeal was accordingly dismissed.
Frequently Asked Questions
What was the main issue in the appeal filed by Mridula Chakraborty?
Mridula Chakraborty filed an appeal to challenge the redevelopment process of Sai Apartments, citing concerns over the land falling under the Coastal Regulation Zone (CRZ) and discrepancies in the tender document.
What did the Bombay High Court decide?
The Bombay High Court dismissed the appeal, stating that decisions taken by the society’s general body are binding on all members and that the appellant had not challenged the resolutions before the cooperative court.
What was the society's response to Chakraborty's concerns?
The society argued that the objections had been addressed during the general body meeting and that a project management consultant was appointed to handle technical and regulatory aspects of the redevelopment.
What is the significance of the CRZ in this case?
The CRZ is significant because it determines whether the land can be developed without additional clearances. The municipal corporation’s remarks indicate that the land does not fall under the CRZ, but a clearance is still required.
What was the final decision of the court?
The court found no merit in the appeal and dismissed it, affirming the binding nature of the general body’s decisions and the procedural compliance of the redevelopment process.
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