The Bombay High Court has ruled that shop buyers should be treated equally with regular housing society members, ensuring their inclusion in management decisions. This decision stems from a case involving 12 shopkeepers who were denied full membership rights within their cooperative housing society. The court emphasized that all unit purchasers, including shop buyers, must have a voice in the society’s management to avoid potential discrimination.
- The Bombay High Court upheld the inclusion of shopkeepers as full members of a housing society.
- The ruling aims to prevent discrimination against shop buyers in management decisions.
Equal Rights for Shop Buyers
The Bombay High Court’s recent ruling emphasizes the necessity of treating shop purchasers on par with regular members of a cooperative housing society. This decision follows a dispute involving the Vivina Cooperative Housing Society, where the inclusion of 12 shopkeepers was contested. The divisional joint registrar had previously confirmed a September 2022 order, allowing these shopkeepers to participate as full members, thus reinforcing their rights in the management of society affairs. The court’s observation highlighted the fundamental purpose of forming a cooperative housing society: collective decision-making among all purchasers. Justice Sandeep Marne articulated that it is unreasonable to permit the construction of shops within the society’s premises while simultaneously denying shop purchasers a role in governance.
Legal Implications and Society Management
This ruling has significant implications for housing societies across Mumbai and potentially other areas. By recognizing the rights of shopkeepers, the court has set a precedent that may alter the landscape of cooperative housing management. Shopkeepers, through their advocates Nilkant Bhadrashete and Harsh Malhotra, argued that their voices were being suppressed, relegating them to “mere nominal members.” The court’s ruling effectively dismantles such unjust practices, mandating that all contributors to the society should have a say in management decisions. The potential for unreasonable maintenance charges or other management decisions could impact shopkeepers profoundly, as they now possess the ability to voice their concerns during general body meetings.
Additionally, this ruling raises questions about the existing norms in housing societies regarding the inclusion of various stakeholders. As housing societies evolve, the need to ensure inclusivity and equality among all members becomes paramount. The decision reinforces the importance of cooperative governance and the necessity of integrating all unit purchasers into the decision-making process.
Future of Housing Societies in Mumbai
The ruling by the Bombay High Court could herald a transformation in the operational dynamics of cooperative housing societies in Mumbai. With this landmark decision, shop buyers are now legally empowered to participate fully in society management. This shift not only promotes fairness but also encourages better community engagement and cooperation among all members.
