If majority of members are in favour of redevelopment court would not grant any stay 

it is well settled law that few members cannot hold the redevelopment of building to ransom by refusing to vacate the premises 

3) It's crucial to include a clause in the redevelopment agreement that specifies the developer's obligation to provide a bank guarantee before construction begins 

4) The GR dated July 4, 2019, for redevelopment of cooperative housing societies issued by the Maharashtra government, provides for the points to be included in the development agreement (DA). Clause 18(2) provides that the developer shall give 20%of the total cost of the redevelopment project as bank guarantee (BG) to the society. Your society should insist on getting a BG as mandated

The  Government of Maharashtra  has issued several Government Resolutions under Section 79A Maharashtra  Cooperative Societies Act governing redevelopment of cooperative housing societies. The  latest directives provide that..

1. At least 51 per cent members must give written consent to initiate redevelopment process.
2. 75 per cent member approval is required to finalize and execute the redevelopment agreement.
3. PMC must be appointed only through transparent selection process.
4. Developer should be selected only through tender.
5. The developer must provide a detailed financial feasibility report before finalizing agreement.
6. You can seek direction for, State Government to the developer against the  irregularities he is committing.
7. You can also complaint to Deputy Registrar of approach High Court.
8. If any injustice is done by use of majority, you can approach State Government, Deputy Registrar, HC against the brut majority. 

You can approach court for necessary reliefs if no bank guarantee is being given by builder 

why are you being discriminated against by the builder 

Has society accepted the offer ? 

has development agreement been signed with builder?

has 79 A procedure been completed ?

1. Your Society must have entered in to an agreement with the builder and before that they might have called for a AGM and passed a resolution to that effect  when you should have recorded your objection.

2. If yes, then what is the outcome of your said objection?

3. You can file a petition before the Registrar of the Society praying for his intervention by appointing an Arbitrator for hearing the matter.

4. In case, you do not get favourable order, you can file an appeal  before the High Court against the said Order.

1. If you also have legalised your encroachments like others then you have a genuine claim to be dealt equally with others.

2. You can raise your grievances/objections before the Registrar of Societies as suggested in my last post. 

1. If you have also same area like others, you deserve the same treatment financially.

2. If not, the your claim becomes weak.

What You Can Do to Stop Redevelopment:

1. File Complaint with MahaRERA

   • Claim discrimination, unfair rent, no bank guarantee.

   • RERA can stay the project or order fair terms.

2. Approach Bombay High Court or Cooperative Court

   • File for stay/injunction against builder & society for unequal treatment.

3. Complain to Deputy Registrar of Cooperative Societies

   • Society cannot impose unfair majority decisions.

   • Ask for investigation and stay on process.

4. Legal Grounds

   • Discrimination: Others got 35–39% extra area, you only 15%.

   • Risk: No bank guarantee, only lien = unsafe.

   • Illegal favoritism: Encroachments legalized for others, unfair offer to you.

📌 Next Step:

• Send a legal notice to builder and society.

• Consult a redevelopment lawyer in Mumbai.

In Acknur Constructions Pvt Limited Vs. Fardoon Apartment Cooperative Housing Society (Bombay High Court)

In a path-breaking judgment, the Bombay high court has held that even a single dissenting member of a cooperative housing society cannot be thrown out by a builder based on a mere development agreement with the society and a majority of the flat owners in it for redevelopment of the building. Expressing serious concern at the “disturbing trend of developers approaching the court and seeking eviction and dispossession of non-cooperating members of housing societies’’, Justice S C Dharmadhikari held that any redevelopment activity “should not compromise the rights of the members and must safeguard the existence of the society.

However please note that if the society has passed resolution approving the contract to the developer with the conditions therein by passing a resolution with two third majority, then your proposal to initiate legal action or obtain stay may not be entertained. 

If the builder is not considering the FSI as per the regulations of the redevelopment then you can fight for your rights through sub registrar or cooperative court. 

Confirm if the developer has not furnished bank guarantee and is not willing to pay rent to you at par with other members then you  have a case against the developer before the cooperative court.

The fungible FSI shouldn't be more than 35% of the floor area in residential buildings and 20% of the floor area in developments for businesses and industry. Any additional space that is purchased is illegal, and the builder may be subject to harsh penalties, project demolition, or even jail time.

You may demand 20% of the FSI since yours is a commercial premises. 

If the developer is showing discrimination and doing injustice to yo particularly then you can drag the developer to court of law seeking justice.

During redevelopment in Mumbai, the rental amount payable for commercial premises and residential flats is typically negotiated between the housing society and the developer, and is not fixed by law

The rental amount is influenced by factors like:

 The prevailing rental rates for similar properties in the area. 

Any decision taken by majority that causes injustice to minority is liable to be corrected by Court. You will get relief for High Court. 

You can challenge same under writ petition 

it is not aground not to vacate . there is no stay order passed by court 

approach court for stay 

You can your self have a inspection form private architect challenging that report 

If your case has been in the Cooperative Court for 18 months, you can request a stay on eviction until the case is resolved.

For the builder's claim of a dilapidated structure, you can:

1. Request an independent audit to challenge the claim.

2. File for an injunction to stop redevelopment under unfair or illegal terms.

These steps can help delay or prevent the builder from proceeding.

You may file an application before the same court seeking an order of injunction against the society to restrain them from forcibly evicting you from the premises other than by due process of law, till the disposal of the main suit.

If you have filed the suit seeking certain relief against the builder then you may have to wait until disposal of your suit to decide further course of action in this regard.

1. Reason not to vacate: decision to vacate is fraudulent and malicious. 

2. You can seek evaluation of structure from an independent expert appointed by Court. 

1. It is to be filed before the local Registrar of Co-operatives who, most likely, will appoint an Arbitrator for hearing your case as is done in West Bengal.

2. Even if the structure is dilapidated, the builder has no right to demolish it.

- As per rule 75% of society members had to approve redevelopment plans. 

- If you are not satisfied with the terms and conditions of the builder then you can file a complaint before the Society , and in case no positive response file a complaint before the Registrar of society .