Bombay High Court

Bombay HC: Balaji Tower Society Wins Right to Split from Shree Ganesh Society

Updated
Dec 4, 2025 10:58 PM
bombay-hc-balaji-tower-society-wins-right-to-split-from-shree-ganesh-society

Summary: The Bombay High Court has decided that Balaji Tower Cooperative Housing Society can split from Shree Ganesh Cooperative Housing Society. This resolves a long-standing argument about how the societies in Navi Mumbai should be run.

The Dispute Begins

This case is about two housing societies in Navi Mumbai: Balaji Tower Cooperative Housing Society Ltd. and Shree Ganesh Cooperative Housing Society Ltd. The problem started because both societies were registered together but ran separately. Balaji Tower, on Plot No.8 in Sector 22, found it hard to manage its activities due to the distance from Shree Ganesh, located on Plot No.1 in Sector 28.

Membership Confusion

In 1996, Shree Ganesh Society gave a member list to CIDCO, which included 80 members from Balaji Tower. However, confusion happened when, over time, the number of members from Balaji Tower decreased without following the right process, as shown in an audit report dated June 28, 2023.

"The Auditor suggested action due to irregular membership changes."

The Push for Separation

Because of operational problems, members of Balaji Tower wanted to separate. On November 22, 2019, 115 members of Shree Ganesh Society asked for a meeting to talk about this, but it was delayed by the COVID-19 pandemic. Eventually, Balaji Tower applied for separation under the Maharashtra Cooperative Societies Act.

Legal Proceedings

On March 24, 2022, the Joint Registrar ordered the separation, but Shree Ganesh’s chairman challenged this without proper approval. The appellate authority canceled the decision on January 23, 2023, leading Balaji Tower to file a legal request.

Court’s Decision

Justice Amit Borkar decided in favor of Balaji Tower on November 11, 2025, stressing that both societies worked independently and separation would officially recognize this fact. The court noted:

"There is no shared management, no shared costs, and no involvement of Balaji Tower residents in the activities of Shree Ganesh."

The court also explained that CIDCO's prior approval was not needed for the separation under the current rules.

Moving Forward

The court ordered that Balaji Tower Society can now run independently, handling its own activities without interference. The decision ensures that both societies can work more effectively and peacefully.

Tags:
Maharashtra Cooperative Societies Act
Cooperative Societies
Tribunal Proceedings