Mumbai, October 8, 2026: The Bombay High Court has pulled up a Bandra housing society for taking a “double standard” over an unauthorised basement, observing that it could not seek redevelopment benefits for some occupants while denying similar rights to another.
Justice Sandeep Marne, in a judgment delivered on October 7, upheld membership granted to Gehlot Development Services Pvt. Ltd. in ALJ Residency Co-operative Housing Society Ltd, but restricted it to 59.02 sq m of basement space sanctioned as storage in the original building plan.
The court was hearing the society’s challenge to the Deputy Registrar’s order granting membership to the developer. The society argued that the basement was a common amenity and could not be treated as an independent premises for membership.
Basement Status Depends On Plan
Rejecting the blanket contention, Justice Marne observed, “In every case, the basement cannot be a common amenity.” Its status, he said, had to be determined from the sanctioned plan and the facts of each case.
The court noted that the sanctioned plan for the Pali Mala Road building showed a 230.30 sq m basement, of which 59.02 sq m was specifically sanctioned as storage and the remaining portion as parking.
The society’s own conduct also weighed against it. The court noted that it had initially accepted the membership granted in 2009 and issued a share certificate, but challenged it only in 2018. It had also supported efforts to regularise the basement and additional floors, including issuing an NOC for loading TDR.
Society’s Double Standard Flagged
The court took particular note of the society’s stand regarding other occupants. It observed that occupants of the unauthorised sixth and seventh floors had been given membership, despite the society’s contention that the basement did not consume FSI and therefore could not qualify for membership.
“If petitioner is denied membership of the society, the membership will have to be denied even to all the occupants of 6th and 7th floors,” Justice Marne observed, calling out the inconsistency in the society’s approach.
The court also criticised the society’s secretary, who had filed the petition despite himself occupying an unauthorised sixth-floor flat.
Membership Restricted To 59.02 Sq M
The High Court clarified that its decision did not permit developers to sell common amenities. “Grant of membership to Respondent No.1 [Gehlot Development Services] is not to encourage sale of common amenities by Developers,” it said.
The court also held that a 2019 amendment restricting membership in respect of premises that are neither flats nor common amenities could not be applied retrospectively, since the membership was granted in 2009.
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While upholding the Deputy Registrar’s order, the court confined the membership to 59.02 sq m. It directed that the area be treated as residential space for determining redevelopment benefits. The society’s oral plea for a stay was also rejected.
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