Mumbai: The Bombay High Court (HC) has directed Matunga's Kapol co-operative housing society to hold an urgent special general body meeting (SGM) by March 31 to decide on the redevelopment of its 84-year-old building.
About The Decision
The decision comes amid a longstanding dispute over the removal of three managing committee members and their alleged obstruction of the redevelopment process. Justice Sandeep Marne, on March 13, observed that while the three managing committee members – Dr. Vijay Shah, Dr. Meena Shah, and Girish Chauhan – have the right to challenge their removal, the redevelopment cannot be stalled any further.
“In view of the peculiar facts and circumstances, I am inclined to adopt a slightly unusual course of action by directing the convening of an urgent SGM,” said the judge.
About The Conflict
The conflict began after the assistant registrar, of cooperative societies disqualified the trio from the managing committee on September 5, 2023. The primary reason for their disqualification was their unilateral decision to terminate the appointment of the chosen developer, M/s Vallabh Developers, without the general body’s approval. However, on June 13, 2024, the divisional joint registrar (DJR) set aside the assistant registrar’s order, leading 37 society members to challenge this decision in the HC.
The petitioners argued that 45 out of 51 eligible members supported the redevelopment and accused the disqualified members of delaying the project for personal gains. In November 2024, the HC quashed the DJR's order, paving way for the redevelopment. The petition alleged that Dr Meena and Chauhan, who are chairman and treasurer, respectively – do not even reside in the society and merely own a clinic on the premises.
The duo along with Dr Vijay used arm-twisting tactics against the developer by misusing their position as managing committee members, said the petition. Senior Advocate Girish Godbole, appearing for the disqualified members, contended that the petitioners had an alternate remedy of filing a revision before the minister for cooperation.
Advocate Simil Purohit, representing the petitioners, emphasised the urgency of the situation, pointing out that the BMC had issued notices, warning of potential disconnection of water and electricity due to the dilapidated condition of the building. The controversy dates back to August 14, 2022, when the SGM approved the project with 28 members voting in favour; meeting the 51% approval threshold. However, the managing committee later contested the quorum calculation.
