01Facts
The petitioners sought to separate Shree Building, a 12-flat building within the Bombay Suburban District Government Servants’ Co-operative Housing Society, from the Society and to convert the land to Occupancy Class I.
pp. 1–2After reports from local authorities, the Collector recommended bifurcation, and the State Government issued an order on 5 March 2026 directing steps to implement it.
p. 3The Society objected, contending that the process had proceeded behind its back and that the land was held collectively; the Deputy Registrar and, subsequently, the Collector expressed opposition to separate development.
pp. 4–5The Court noted that both sides alleged that material proceedings had occurred without their participation, and that redevelopment of the Society’s buildings was already being pursued under Section 79-A, with a developer appointed.
pp. 5–702Issues
i.1. Whether Shree Building should be bifurcated from the Society and permitted to undergo separate redevelopment.
pp. 2, 6–7ii.2. Whether the competing claims concerning prior administrative proceedings and orders should be resolved through a fresh hearing before the Collector.
pp. 5–703Law Applied
The judgment does not cite or apply a substantive statutory test or judicial precedent governing bifurcation or conversion to Occupancy Class I.
It notes that the Society’s redevelopment process had proceeded under Section 79-A, but does not interpret that provision.
p. 7The Court’s operative direction was procedural: the Collector was to hear the affected parties and reconsider the dispute afresh, irrespective of earlier orders.
p. 7Provisions in the judgment · 1
the Act (alias, unresolved) Section 79A
04Reasoning
The Court did not determine whether bifurcation was legally or practically permissible.
pp. 5–7Given the conflicting administrative positions, the parties’ allegations that decisions had been made behind their backs, and the ongoing collective redevelopment process, it considered a fresh hearing the appropriate way to address the dispute.
pp. 5–7It directed the Collector to consider the residents’ claim for separate redevelopment alongside the Society’s redevelopment steps and the appointment of a developer.
p. 705Holding
The Court left the merits of bifurcation and separate redevelopment open for determination by the Collector.
p. 7It directed the Collector to hear the Shree Building members, interveners, and Society office-bearers, and to reconsider the matter afresh, irrespective of previous orders; the hearing was requested for 28 October 2026 at 11:00 a.m., with a further date to be fixed if necessary.
p. 7Both writ petitions were disposed of with those directions.
p. 7Original Court PDF
Prabhakar Ramchandra KulkarnivsThe State Of Maharashtra, Thru The Additional Chief Secretary
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
