Bombay HC Calls Out Bandra Society’s ‘Double Standard’ Over Basement Membership, Upholds Developer’s Rights
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…
The Bombay High Court has criticized a Bandra housing society for demonstrating a "double standard" in granting membership to a developer over an unauthorised basement. The court upheld the membership granted to Gehlot Development Services Pvt. Ltd. in the ALJ Residency Co-operative Housing Society Ltd, but limited it to 59.02 sq m of basement space sanctioned as storage in the original building plan.
The court noted that the basement cannot be considered a common amenity and its status must be determined from the sanctioned plan and the facts of each case. The court also criticized the society for inconsistent treatment of other occupants, including granting membership to those living in unauthorised floors. The decision restricts developers from selling common amenities and directs that the basement area be treated as residential space for determining redevelopment benefits.
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