Members of a co-operative housing society challenged BMC demolition notices personally. Relying on the Supreme Court's decision in Daman Singh, the Court held a member has no independent right qua the society and must act through it. The petition was dismissed for lack of locus standi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Osk 28-Wp-817-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 817 OF 2024
Manoj Yeshwant Bhandari & Ors.
… Petitioners
V/s.
Municipal Corporation Of Greater Mumbai & Ors. … Respondents
Mr. V.H. Narvekar i/b. Mr. J. N. Jain for Petitioners. Ms. Sheetal Metakari i/b. Ms. Komal Punjabi for BMC. Mr. Ajit O. Upadhyay a/w. Mr. R.A. Siddiqui for Respondent No.4.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 26th November 2024.
P.C. :
1.1) It is an admitted fact on record that, the Petitioners are members of Respondent No.4 – Sai Heaven Co-operative Housing Society Limited. The
1/3
Osk 28-Wp-817-2024.doc
Respondent No.4-Society as a legal entity has not approached this Court being aggrieved by issuance of the said Notices and the Petitioners in their personal capacity, being members of Respondent No.4 have filed present Petition for reliefs as stated hereinabove.
2/3
Osk 28-Wp-817-2024.doc
who objects to the proposed amalgamation within the prescribed time is given, by Section 31(11), the option to walk out, as it were, by withdrawing his share, deposits or loans as the case may be.
independent right to be exercised and they have no locus standi to file present Petition for the reliefs as prayed for by them.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2024.12.03 15:40:32 +0530
3/3
1 issue framed by the court
Whether individual members of a co-operative society have locus standi to challenge demolition notices issued to the society in their personal capacity.
Colour shows how this judgement treated each authority
Daman Singh & Ors. Vs. State of Punjab & Ors.Applied¶2
(1985) 2 SCC 670 · Who else cites this
Manoj Yeshwant Bhandari & Ors.
Municipal Corporation Of Greater Mumbai & Ors.
Sai Heaven Co-operative Housing Society Limited
A.S. Gadkari
Kamal Khata
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
