Summary: In a big decision, the Bombay High Court has approved the split of Balaji Tower Cooperative Housing Society from Shree Ganesh Cooperative Housing Society in Navi Mumbai. This judgment, given by Judge Amit Borkar on November 11, 2025, settles a long-standing argument over the separation of the two societies.
The case started with Balaji Tower Coop. Housing Soc. Ltd. and Parthasarathy Rangachari filing legal requests against the State of Maharashtra and others. They challenged a decision that overturned the Joint Registrar's order allowing their society to split from Shree Ganesh CHS Ltd.
Balaji Tower Society is located on Plot No.8, Sector 22, while Shree Ganesh Society is on Plot No.1, Sector 28, both in Nerul, Navi Mumbai. These plots are over a kilometer apart, and each runs independently. Balaji Tower residents have taken care of their own building since 2004, even though they were officially part of Shree Ganesh Society.
At first, Balaji Tower's 80 members were listed as part of Shree Ganesh's members. However, from 2011 onwards, their numbers mysteriously dropped to 53 without following proper steps. This mistake was pointed out in an audit report dated June 28, 2023.
"The Auditor noted these issues in his report dated 28 June 2023 and recommended action under Section 88 of the MCS Act."
In November 2019, 115 members from Shree Ganesh Society asked for a meeting to talk about the split, which didn't happen because of the pandemic. Later, Balaji Tower residents formally applied for the split, and the Joint Registrar initially approved it in March 2022.
Shree Ganesh's Chairman challenged this decision without proper permission, leading to the higher authority canceling the split. However, Balaji Tower residents argued that they had been operating independently and needed legal recognition.
Judge Amit Borkar ruled in favor of Balaji Tower, highlighting that the two societies had been operating separately in reality. The court found no need for CIDCO's permission for the split under the Maharashtra Cooperative Societies Act.
"The law under Section 18 allows a split only when it promotes collective welfare, better management, stability, and harmony."
The court restored the Joint Registrar's order for the split and allowed Balaji Tower to continue managing its affairs independently.
"The legal requests are approved. The challenged judgment and order dated 23 January 2023 passed by respondent No.2 is canceled and set aside."
This decision marks a new chapter for Balaji Tower Society, giving them the independence they sought for years.
