Bombay HC: Balaji Tower Society Secures Autonomy from Shree Ganesh Society

Summary: On November 11, 2025, the Bombay High Court, led by Judge Amit Borkar, decided in favor of Balaji Tower Cooperative Housing Society, allowing it to split from Shree Ganesh Cooperative Housing Society. This decision came after a long-standing disagreement over the separation of the societies in Navi Mumbai.

The Beginning: Two Societies, One Registration

Balaji Tower Cooperative Housing Society Ltd., located at Plot No.8, Sector 22, Nerul, Navi Mumbai, was initially registered along with Shree Ganesh Cooperative Housing Society Ltd., located at Plot No.1, Sector 28. Although the plots are roughly a kilometer apart, they were registered as one society in 1993.

The Dispute: Membership and Maintenance Issues

Since 1998, Balaji Tower members have faced problems because their society was not taken care of by Shree Ganesh Society. Over the years, Balaji Tower residents managed their own affairs, including maintenance and finances, without any help from Shree Ganesh Society. This led to a request for separation, which was ignored by Shree Ganesh Society.

The Legal Battle: Seeking Separation

In 2019, 115 members of Shree Ganesh Society asked for a meeting to talk about separation, but it never happened due to the pandemic. Parthasarathy Rangachari then filed for separation under Section 18 of the Maharashtra Cooperative Societies Act. The Joint Registrar eventually ordered the separation on March 24, 2022.

The Appeal: A Challenge Without Permission

The decision was challenged by the then Chairman of Shree Ganesh Society without proper permission. The appellate authority canceled the separation order on January 23, 2023, leading to the current petition by Balaji Tower Society.

The Court's Decision: Supporting Separation

Judge Amit Borkar ruled that the separation was valid, noting that Balaji Tower operated independently for years. The court emphasized that the law under Section 18 allows for such separation without needing CIDCO's prior permission, as argued by the opposition.

"The law does not support continuation of an arrangement that causes hardship to members and denies them their rights."

Summary of the Verdict

The court restored the Joint Registrar's order for separation, allowing Balaji Tower Society to function independently. This decision marks a significant step for the residents, ensuring better management and autonomy.