The BMC does have statutory authority to approve land-use changes, including conversion of residential properties or cooperative housing societies into commercial complexes, subject to applicable Development Control Regulations, zoning laws, and local planning policies. However, such approvals are governed by strict procedural safeguards requiring proper compliance, including verifiable applications, necessary permissions, payment of conversion charges, and adherence to building codes. The BMC cannot lawfully grant conversion approvals without meeting these legal prerequisites.

Regarding your society’s move from leasehold to freehold and the proposed conversion to a 20-story commercial complex, this process typically requires a valid resolution passed by the society’s members as per its bye-laws, necessary municipal clearances, and transparency in documentation. The managing committee or a retired official helping the society does not have unrestricted powers to override procedural requirements or disregard minority members’ rights.

As a member, you cannot be arbitrarily forced to vacate or removed from the managing committee merely because a majority voted in favor of conversion. The Maharashtra Cooperative Societies Act protects minority rights and mandates following due process before any action affecting membership or tenancy is taken. Your right to residence remains protected until lawful and fair procedures are exhausted, including notice, opportunity to be heard, and alternate accommodation if displacement occurs.

If BMC approves the conversion to commercial use, your flat would be classified as commercial property. This has significant implications:

• You may face tax liability on the capital gains from sale of the commercial flat, without the benefit of exemptions available under Sections 54 or 54F of the Income Tax Act that apply only to residential properties.

• Without an alternate residence provided by the society or developers, you face genuine hardship; however, the society is legally expected to provide reasonable relief or compensation rather than force eviction without remedy.

• You should carefully review the society's sale or redevelopment terms to negotiate alternative accommodation or equivalent compensation.

To safeguard your interests and seek relief, consider the following steps:

• Formally request copies of all resolutions, approvals, and documents related to leasehold-to-freehold conversion and BMC permission for commercial use. Your statutory right to access society records entitles you to inspect and obtain such documents.

• File a written objection with the society and BMC highlighting procedural irregularities, lack of transparency, absence of alternate accommodation, and impact on minority members.

• If the society or BMC proceeds without adequate safeguards, you may challenge their decisions through a writ petition or cooperative society dispute petition in the Bombay High Court or the Registrar of Cooperative Societies (RCS).

• Engage a qualified advocate to explore opportunities to restrain commercial conversion or seek directions for fair treatment of dissenting members, including interim relief from eviction or forced sale.

• Approach tax authorities with detailed information, and consult a tax expert to assess options for mitigating capital gains tax burden or claiming relief under applicable provisions, although current law generally does not extend residential property exemptions to commercial property sales.

• You may also explore alternative housing schemes or government welfare provisions if displacement occurs.

In conclusion, BMC’s approval powers are subject to procedural and legal constraints, and the society must respect your rights as a member. You cannot be compelled to vacate without due process and appropriate relief. Active legal intervention can ensure transparency, protection of minority members, and fair treatment in redevelopment or conversion matters. Promptly securing legal advice and exercising your rights as a society member is critical to avoid loss of residence or unfair disadvantage.

If you need assistance with legal notices, representation before municipal or cooperative authorities, or court proceedings to protect your rights, please seek professional legal support tailored to your case.