Mumbai: The Bombay high court has set aside the minister of co-operation’s order that remanded proceedings for the bifurcation of a 52-year-old housing society in Borivli (East) to the deputy registrar for a fresh decision.Justice Sandeep Marne restored orders of the deputy registrar and divisional joint registrar holding that they “rightly” rejected the proposal by recording “cogent” reasons in their respective orders. “On the other hand, the hon’ble minister has failed to record even a single valid reason for remanding the proceedings,’’ he said in Wednesday’s verdict.Madhur Naina CHSL was common for two buildings, Naina and Veena with 16 flats each. In a May 2024 special general body meeting, 18 out of 25 members present voted against bifurcation. In June 2024 a proposed society of Veena was set up. In Jan 2025, its proposal under Section 18 (power to direct division etc) of Maharashtra Co-operative Societies Act was rejected by the deputy registrar. In March 2025, the divisional joint registrar confirmed it. In Nov 2025, the minister set aside both orders.The society’s advocate Karl Tamboly said Veena’s eight members are against bifurcation. Advocate Shlokh Parekh, for the proposed society, said ten members support bifurcation and oppose redevelopment carried out by the petitioner-society.Justice Marne said the minister recorded “general and vague” findings. He ignored the deputy registrar’s specific finding about invalidity of the proposed society’s June 2024 resolution in absence of notice to all its members and “blindly” relied on it. Based on a feasibility report, the deputy registrar said if the society is bifurcated, members would suffer in terms of redevelopment benefits. Without considering this report, the minister recorded that the officer did not consider forming a cooperative housing association for looking after common amenities. While the minister said the deputy registrar’s order showed non application of mind about difficulties in the society’s functioning, the officer “rightly held” the dispute was only regarding redevelopment. “If at all there is any non-application of mind, the same is on the part of the hon’ble minister,” added Justice Marne.He said the proposed society took the bifurcation route to scuttle termination of an earlier developer. It was “unfortunate” that the minister “ignored this position and erroneously remanded the proceedings with a view to assist the proposed society in its devious plans of creating hurdles in the redevelopment process.” Noting that the buildings are demolished and all, except eight members, are receiving transit rent, Justice Marne said “re-adjudication of bifurcation proceedings would result in grave prejudice to other supporting members.’’
