If it’s changed by majority then you can only object on illegality point

1. A developer cannot unilaterally change an approved housing society redevelopment plan in Mumbai; changes require a fresh approval process, typically involving a significant majority of members, and often a formal amendment to the original agreement and potentially fresh permission from authorities. The Bombay High Court has allowed some modifications in the past if they don't adversely affect existing members or the overall approved plan, but significant changes need consent from the members and potentially the regulatory bodies. 

2. developer cannot submit plans for a housing society redevelopment to the Municipal Corporation of Greater Mumbai (MCGM) without a Special General Body Meeting (SGM) because the process requires a resolution approved by at least 51% of the total members, which is typically obtained through an SGM.

3. A developer can potentially use the courts to try and evict you, but they must follow due process of law; they cannot simply force you out. You have rights, and if you are being threatened with illegal eviction or harassment, you should consult with a legal professional as soon as possible to protect your property and safety. 

4. A developer generally cannot unilaterally change commitments for parking and amenities confirmed in a Development Agreement (DA) without the consent of the other parties. The DA is a legal contract that records the agreed terms, making the commitments to parking and amenities binding on the developer. 

If the developer proposes changes to the original approved redevelopment plan and is supported by only some society office bearers, you have strong legal options as a member:

1. If the plan is changed, you can challenge any modifications that do not have General Body approval and are against members’ interests. File an objection with the society management, MCGM/BMC, and, if needed, file a complaint with MAHARERA, Consumer Forum, or approach the Civil Court. Courts and authorities regularly protect the rights of home buyers and society members where builder-developer collusion occurs or agreed amenities are reduced.

2. The developer cannot lawfully submit revised plans to the MCGM/BMC without a fresh Special General Body Meeting (SGBM) and society resolution. As per redevelopment guidelines (particularly under Section 79A, MCS Act and MOFA), changes must be ratified by the society at a duly conducted SGBM; submission without member consent is illegal and may invite rejection or penalty by authorities.

3. The developer does not have a unilateral right to evict members through court action unless the majority of members and the society have passed valid resolutions and adequate compensation/alternatives are provided. Threats to "kick out" dissenters are not legally enforceable and can be challenged in court. Courts have protected minority members if the changes are not in the interest of all or violate DA terms.

4. Parking and amenities once confirmed in the Development Agreement (DA) are binding. The developer cannot reduce or alter these after agreement—such acts are considered breach of contract and unfair trade practice under consumer laws and have been struck down by consumer courts and MAHARERA; builders have even been fined and made to refund charges for arbitrary reduction of promised amenities.

Recommended Steps:

• Demand a copy of revised plans and minutes of any meetings.

• Formally object in writing to the society and developer, citing violation of DA and redevelopment guidelines.

• Mobilize other members and, if needed, approach MAHARERA, BMC, Consumer Court, or Civil Court for injunction/stay.

• Document all threats or irregular practices for legal use.

Professional legal advice is recommended to frame objections and approach the relevant authority if your rights are threatened or the process is manipulated.

1. Change of Plan – The developer cannot alter the approved plan without society’s consent. Any unilateral change is a breach and can be challenged before RERA/Consumer Forum/Court.
2. MCGM Submission – Revised plans need an SGBM resolution. Without it, you can object before MCGM and legally restrain the developer.
3. Eviction Threat – The developer cannot remove members on his own. Only due legal process applies, and courts won’t evict members just on his request.
4. Parking & Amenities – Commitments in the DA are binding. Any reduction or change is illegal and enforceable against him.

Next Step: Put objections on record and, if needed, approach RERA/court for injunction.

1. A plan once approved cannot be changed by developer, it is final.
2. Developer cannot submit any plan other than which is approved.
3. No court will entertain developer with such type of prayer.
4. He cannot change even a step of stairs so there is no any room to change parking amenities.

Change in plans have to be approved by majority of members in SGM 

if majority of members are not in favour court will not intervene 

terms of DA are binding upon developer 

• Developer cannot unilaterally change approved plan – members can legally challenge.

• MCGM requires society resolution (SGBM) for revised plans; without it, submission is improper.

• Developer cannot evict you via court unless DA is lawfully terminated; threats are pressure tactics.

• Parking/amenities promised in DA are binding; changes can be challenged as breach of contract.

Would like to know what was the original plan and what is there in the amended plan which is not suiting you

If your grievances are genuine and concerning then you pursue legal action 

However if the objections are frivolous and majority members are ok with the amended plans then you and some others cannot object merely because what is being provided in the amended plan is not to your subjective satisfaction 

While preparing the building plan the builder has to comply with several regulations under the DCPR so if due to that he is constrained to amend the plan to make the project economically viable not only for himself but also for the society,  then the members cannot cry foul unless there is any change to the entitlements of the members due to such amendment 

Dear Client, 

With Regard to the queries

1. Change of the Original Plan

   The developer cannot unilaterally alter the sanctioned plans or building specifications without the consent of the members. Such an act is prohibited under the Maharashtra Ownership Flat Act, 1963 and the Real Estate (Regulation and Development) Act, 2016. Before any changes can be made to the existing plan, at least two-thirds of the members should approve the same under the RERA Act, and the MOFA Act requires a written consent of at least 70% of the allottees. You and other members have the right to move an application before the RERA Authority of Maharashtra if the developer does not comply with this requirement. You may also approach the civil court to seek an injunction preventing him from carrying out unauthorised changes.

2. Submission of the Plan to MCGM without an SGBM

   The developer is not authorised to submit a revised plan to the Municipal Corporation unless the society has approved the revised redevelopment plan in a Special General Body Meeting. The Co-operative Housing Society Bye-Laws mandate that the redevelopment decisions must be approved by the general body meeting, with the required majority. If the secretary joins hands with the developer and tries to bypass this procedure, it amounts to misconduct, and in such a case, you can approach the Deputy Registrar of Co-Operative Society for necessary actions against the secretary.

3. Threats of Eviction by the Developer

   The developer has no right to threaten eviction. Your lawful possession of your flats is protected under MOFA as well as the Transfer of Property Act, and any such threat would amount to criminal intimidation under the criminal law. The only possible scenario where the developer may seek possession through the courts is when the society as a whole has resolved for redevelopment and certain members refuse to cooperate. Even then, eviction cannot be forced and must follow due legal procedure.

4. Parking and Amenities Commitments

   The commitments made in the DA regarding parking and amenities are binding on the developer, and he cannot lawfully alter, reduce, or withdraw them once they are agreed. Therefore, the developer’s attempt to change his commitments regarding parking and amenities would be in direct violation of the DA and the law, giving you a strong case before RERA as well as the Consumer Forum for deficiency in service.

    

   I hope this answer helps. For further queries, please do not hesitate to contact us. 

On the basis of the facts provided, my advice is as follows:

1. Change of Original Plan
   The developer cannot unilaterally change the plan once the Development Agreement (DA) has been executed based on the approved plans. Any material change that alters the rights of the flat owners requires the consent of the society members through a Special General Body Meeting (SGBM). You and other members may challenge such unilateral changes before the Cooperative Court or the Consumer Forum, as it amounts to deficiency of service and breach of contract.

2. Submission of Plans to MCGM
   The Municipal Corporation of Greater Mumbai (MCGM) ordinarily requires a society resolution before accepting revised building plans. If the developer submits altered plans without an SGBM resolution, such submission would be unauthorised and can be objected to by the society members directly before MCGM.

3. Threat of Eviction by Developer
   The developer has no independent right to “evict” members. Possession can only be taken with the consent of the society and in accordance with the DA and redevelopment guidelines. Even if he approaches court, without following due process and obtaining proper orders, he cannot forcefully dispossess members. Any such attempt amounts to illegal eviction, which can be restrained through an injunction from the civil court.

4. Commitment of Parking and Amenities
   Once specific commitments regarding parking spaces and amenities are recorded in the DA, the developer is legally bound to honour them. Any unilateral reduction or withdrawal would be a clear breach of the DA, entitling members to seek relief through court proceedings, the Maharashtra Real Estate Regulatory Authority (MahaRERA), or the Consumer Forum.

Conclusion
The developer cannot lawfully change plans, reduce amenities, or threaten eviction without following proper legal procedure. Members have strong remedies under the Maharashtra Cooperative Societies Act, Redevelopment Guidelines, Consumer Protection Act, and MahaRERA. It is advisable to immediately issue a legal notice to the developer and the secretary, and, if necessary, approach MahaRERA or civil court to protect your rights.

- Builder cannot change the original plan , and the plan must be passed through the GBM of all the members. 

- At least 51% members consent is needed for the passing the plan. 

• If developer changes plans unilaterally, you can challenge before Deputy Registrar, Co-op Court, Civil Court, and MCGM.

• Developer cannot submit revised plans to MCGM without an SGBM resolution.

• Developer cannot evict you by Court merely for opposing plan changes; eviction is only possible after due legal redevelopment process.

• Commitments in the DA on parking & amenities are binding; they cannot be changed later without society’s consent.

for more details you can take my consultation

regards,

Adv. Arunkumar Khedia

(Bombay High Court)