Summary: A court decision has allowed the Al-Akbar building to separate from the Momin Gujarat Co-operative Housing Society in Mumbai, citing the building's independent functioning. The judgment restores a previous order favoring Al-Akbar's independence.
Abdul Rehman Adam Dawa and others filed a complaint against the District Deputy Registrar of Co-operative Societies, K-West Ward, Mumbai. They challenged the decision made on August 28, 2019, which overturned a previous order allowing the Al-Akbar building to separate from the Momin Gujarat Co-operative Housing Society.
Al-Akbar is a building with 94 members located on a separate plot (CTS No. 204) in Jogeshwari, Mumbai. It has its own entrance, electricity, and water meters, and maintains separate financial accounts. Since 1997, Al-Akbar has been operating independently with its own small group of leaders.
"Each building was managing itself as if it were a separate society."
In 2017, Al-Akbar's members formally asked to separate under the Maharashtra Co-operative Societies Act. They argued that the Momin Gujarat Society's management was not serving their interests, citing issues like fake property transfers and misuse of funds by the managing committee.
Judge Amit Borkar ruled in favor of Al-Akbar on November 11, 2025. The judgment reinstated the August 3, 2018, order that allowed the building's separation. The court found that Al-Akbar's independent functioning met the legal requirements for separation, ensuring better administration and long-term stability.
"The law requires that separation must benefit the members collectively and result in effective administration."
The court ordered the Momin Gujarat Society to hand over all relevant documents and property records to the newly registered Al-Akbar Co-operative Housing Society within four weeks. This includes building plans, maintenance records, and financial accounts related to Al-Akbar.
The court's decision allows Al-Akbar to officially manage its own affairs separately from the Momin Gujarat Society, ensuring that the residents can handle their issues more directly and transparently.
