Based on the information you have shared, the redevelopment modifications carried out by the developer and approved only by the managing committee—without holding a Special General Body Meeting (SGBM) and without the mandatory consent of society members—are not legally valid.
Under Maharashtra redevelopment law and the Model Bye-laws applicable to cooperative housing societies in Mumbai, any significant change to the sanctioned building plan, orientation, layout, common areas, amenities, or member entitlements requires:
a formal SGBM,
a resolution passed by the required majority of members, and
full disclosure of revised sanctioned plans to all members prior to approval.
A managing committee cannot unilaterally approve such changes. Doing so may amount to a breach of trust, violation of the Development Agreement (DA), and an actionable misconduct under the Maharashtra Cooperative Societies Act.
Since the developer appears to have already submitted the revised plans to the BMC and taken further steps without transparency, it is important to act quickly to prevent irreversible construction progress. The appropriate legal remedy at this stage is to seek an injunction restraining the developer from continuing work based on the revised plans.
To obtain such relief, you may approach the City Civil Court in Mumbai and file a suit seeking:
a declaration that the revised plan approval is invalid without member consent, and
an interim injunction restraining the developer from relying on or executing the revised plan.
Along with the suit, an interim application under Order 39 Rule 1 & 2 CPC can be filed seeking an urgent stay on construction until the matter is decided.
Separately, you should file:
an RTI with the BMC (Building Proposal Department) requesting copies of the revised plans, file notes, approval status, and documents submitted by the developer or society, and
a legal notice to the managing committee and developer demanding copies of the resolutions, plans, approvals, and amendments permitting the change.
If the BMC has already sanctioned the revised plan, then a challenge to the sanction itself may require a writ petition before the Bombay High Court—but that step should follow once the RTI response and documents clarify whether due process was followed.
You may also simultaneously initiate a complaint before MahaRERA if the revised plan affects member entitlements, area, layout, amenities, timelines, or contractual promises. RERA has power to direct the developer to restore the original plan, impose penalties, and compel disclosure.
The most efficient sequence of action is:
1. Send legal notice demanding disclosure
2. File RTI with BMC
3. File injunction in City Civil Court to stop work
4. If needed, file MahaRERA complaint
5. Consider writ in High Court only if BMC approval is found defective
Taking timely action is important because once construction progresses significantly, builders often claim that demolition or reversal is impractical.
If you would like, I can assist with drafting the notice, preparing the injunction application, and guiding the RTI wording.If you wish to contact us, you may do so on https://qrco.de/syslaw