Bombay HC Sets Aside Order In Malad Housing Societies’ Land Dispute, Fixes Proportionate Shares
Mumbai, October 23, 2026: The Bombay High Court has ruled that two housing societies in a common layout must receive land in proportion to the built-up area of their buildings, subject to the area consented to by them, and set aside an order passed by the Competent Authority in a dispute between two Malad-based societies. Justice Sandeep Marne, on October 22, partly allowed a petition filed by…
On October 22, 2026, the Bombay High Court ruled in favor of two Malad-based housing societies in a long-standing land dispute, overturning an earlier decision by the Competent Authority. The case centered around the distribution of land in a shared 9,108-square-metre layout, between Vardhman Nagar Co-operative Housing Society and Kent Heights Co-operative Housing Society.
Justice Sandeep Marne emphasized that the division of land should be based on the proportionate built-up area of the individual buildings, as agreed upon by both parties in a 1995 agreement. The court found that Vardhman Nagar was not entitled to the entire remaining land, as claimed, but only in proportion to the built-up area of its structures, with Kent Heights' entitlement limited to the maximum agreed-upon built-up area.
Justice Marne stressed the importance of applying proportionate distribution principles, balancing legal correctness with fairness. He cautioned against rigid legal interpretations that could lead to injustice or unfair advantages for one party. The court set aside the Competent Authority's order, directing the societies to reassess and apply the revised distribution.
Vardhman Nagar was awarded 5,302.68 square meters of land, while Kent Heights received 3,805.42 square meters, including the previously allotted 2,040 square meters.
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