The Bombay High Court has ordered a fresh verification to determine if a small premises in the historic Marlboro House Cooperative Housing Society on Pedder Road can legally be treated as an independent flat. The ruling concerns that membership was granted without checking whether the unit existed in the sanctioned building plan. Residents allege a former servant’s room was converted into a flat to secure an extra vote ahead of society elections.
Petitioners said Marlboro House, registered in 1996, originally had 6 flats, and the disputed 150 sq ft room was never approved as a separate unit. During the society’s administration, the room was sold to Prachi Agarwal, who received a new share certificate and membership. Justice Amit Borkar held that the authorities had acted without verifying the sanctioned plan, emphasising that a physical room cannot be treated as a flat unless it is officially approved. He set aside Prachi Agarwal’s membership and directed the deputy registrar to check the sanctioned plan and municipal records.
The verification must be completed in 4 weeks, with a detailed order due within 12 weeks, determining whether the premises can count toward the society’s voting strength.
