It is one of the most common stories in Mumbai’s suburbs. A society in Andheri, Malad or Borivali has worked for years on redevelopment. The general body has approved it, most members have signed, the developer is ready to start. But two or three members refuse to sign the agreement or hand over their flats. Rent cannot start, demolition cannot begin, and the whole building waits.
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The basic principle: the majority decides
A co-operative housing society acts through its general body. When redevelopment is approved by the required majority following the procedure under Section 79A of the Maharashtra Co-operative Societies Act and the government’s redevelopment GR (most recently the GR of 30 September 2026), that decision binds all members, including those who voted against it. The Bombay High Court has repeatedly held that a small minority cannot hold the majority to ransom when the process has been followed and dissenters are offered the same terms as everyone else.
But process matters
Courts look closely at whether the society did everything correctly. Dissenting members often succeed when:
- Meetings were not called with proper notice, or quorum and voting were miscounted
- The developer was chosen without a fair tender
- Dissenters are offered worse terms than other members
- There is a real conflict of interest in the committee
- Documents were not shared with members
So the strongest protection against a minority is a clean, well-documented process from day one.
Step 1: Understand the objection
Not every objector is being difficult. Common genuine concerns include an elderly member who cannot face shifting, a ground-floor member losing a garden or a shop-front, a member with a larger flat who feels under-compensated, or someone who simply does not trust the developer. Many of these can be solved with a conversation, a small adjustment, or a guarantee in writing.
Step 2: Try to resolve it
- Meet the objecting members separately, with the PMC or consultant present.
- Show them the full documents and the comparison of offers.
- Address specific fears in writing: floor preference, shifting help, bank guarantee details.
- Consider mediation through a neutral person both sides respect.
Step 3: Legal remedies, if needed
- Arbitration and interim relief. Development agreements usually have an arbitration clause. The society or developer can approach the High Court for interim orders under the Arbitration and Conciliation Act, and courts have, in suitable cases, directed dissenting members to vacate on the same terms as others.
- Co-operative department. Disputes about the society’s decisions can also go before the Registrar or the Co-operative Court.
- Dangerous buildings. If BMC has declared the building dangerous, it can order evacuation, which changes the situation for everyone.
Legal action should be the last resort. It costs time and money and can sour relations in the new building for years.
How to prevent it
- Follow every step of the Section 79A process and the GR, with video recordings and written consents.
- Keep all documents open to members.
- Treat every member equally in the agreement.
- Listen to objections early, when they are easy to solve.
Is your society stuck because of a few members? Mungekar Realty helps societies across Mumbai run a clean redevelopment process and work through objections before they turn into disputes. Call 98207 44734 or visit mungekarrealty.com.
This article is general information and not legal advice. Each dispute depends on its own facts; please consult an advocate.