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Bombay High Court

VIJAY SHANKAR AND ANRversusSAI VIHAR RESIDENCY CONDOMINIUM AN APARTMENT CONDOMINIUM THR. ITS PRESIDENT D. P. PARANJAPE AND SEC

Decided
Disposal
Dismissed

Holding

The Court held that the petitioners carried out prohibited alterations without the requisite permission, violating bye‑law 31(b) and 34(f), and therefore affirmed the order directing reconstruction and dismissed the petition.

Summary

The petitioners, owners of flat C‑12A in Sai Vihar Residency Condominium, carried out interior and façade alterations—including demolition of brick walls and installation of a French window—without the written permission required under the condominium’s bye‑law No.31(b) and the exterior‑change provision of bye‑law No.34(f). The association had expressly rejected the two wall‑modification proposals, and the petitioners proceeded nonetheless, prompting the association to seek a direction from the Deputy Registrar to restore the walls and claim compensation. The petitioners relied on three structural audit reports (Ace, IVP, and StrucPro) asserting that the works did not affect the building’s structural safety, arguing that the association’s refusal was arbitrary. The Deputy Registrar and the Co‑operative Court held that the works constituted prohibited structural modifications and a breach of the bye‑laws, ordering reconstruction of the walls and dismissing the petition. The High Court examined whether the authorities’ decisions were unreasonable or violative of natural justice, concluding that the bye‑law requirements are contractual and the association’s refusal was within its lawful discretion. Accordingly, the Court affirmed the lower courts’ order, dismissed the writ petition and extended the compliance deadline by six weeks.

Issues considered

  • Whether the alterations made by the petitioners constitute ‘structural modifications’ under bye‑law No.31(b) and thus require prior written permission.
  • Whether the association’s refusal of permission and the order directing reconstruction are arbitrary or violative of principles of natural justice.
  • Whether the structural audit reports indicating no structural risk affect the applicability of the bye‑law restrictions.
  • Whether the changes to the building’s exterior façade breach bye‑law No.34(f) which requires unanimous consent of all unitholders.
  • Whether the Deputy Registrar and the Co‑operative Court acted within their jurisdiction under the Maharashtra Apartment Ownership Act and Rules.

Legislation cited

Subjects

  • Maharashtra Apartment Ownership Act
  • Co‑operative Court
  • structural modifications
  • condominium bye‑laws
  • permission requirement
  • exterior façade alteration
  • natural justice
  • arbitrariness
  • structural audit report
  • civil writ petition

Judgment

                                                                                      901-F-J-WP-12745-2024.doc



                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION
                                                    WRIT PETITION NO. 12745 OF 2024

                        Vijay Shankar And Anr.                                           …Petitioners
                                   Versus
                        Sai Vihar Residency Condominium, An Apartment
                        Condominium Through Its President D. B.
                        Paranjape & Secretary                                            …Respondent


                            Mr. Dushyant Purekar, a/w Rajat Dedhia, for the Petitioners.
                            Mr. Aniket Nangare, i/b R.S. Gangawane, for Respondent.
          Digitally
          signed by
          ASHWINI
ASHWINI   JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
          2026.03.04
          11:35:00
                                                   CORAM       : SOMASEKHAR SUNDARESAN, J.
          +0530


                                                   DATE        : March 4, 2026

                       Judgement :

                       1.                  Rule. Rule made returnable forthwith and by consent of the parties,

                       heard finally.


                       Context and Factual Background:


                       2.                  This Petition essentially lays a challenge to a Judgment dated April

                       25, 2024 (“Impugned Order”), by which, two Appeals being Appeal No. 4 of

                       2022 and Appeal No.1 of 2023 were disposed of by the Co-operative Court,

                       Pune, which is the Appellate Authority (“ Co-operative Court”) under the

                       Maharashtra Apartment Ownership Act, 1970 (“ the Act”), dealing with an


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order dated October 12, 2022 passed by the Deputy Registrar, Co-operative

Societies, Pune (“Registrar Order”).


3.                  At the heart of the dispute lies alterations and changes said to have

been effected by the Petitioners, Vijay Shankar and Indira Shankar

(collectively, “Petitioners”) in their apartment Flat No. C-12A (“Subject Flat”),

in Respondent No. 1, Sai Vihar Residency Condominium, (“ Sai Vihar”). The

Subject Flat had been acquired by the Petitioners by an Agreement dated

March 24, 2021. The various flat purchasers came together to form a

condominium by Deed of Declaration dated September 10, 2004. The bye-

laws of the Condominium have come into force pursuant to the said Deed of

Declaration (“bye-laws”). One of the provisions in the bye-laws of the

condominium is bye-law No.31(b), which prohibits any owner from making

structural modifications or alterations in the unit or any installation in the

unit, without obtaining previous permission of the association in writing

through the President of the Board. The bye-law provides for the concerned

unitholder being granted an opportunity of being heard by the Board and for

objections to be called from other unitholders for such modifications and

alterations. The Board would then recommend to the President for grant or

refusal of permission for such alteration.




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4.                  The Petitioners made an application dated June 30, 2021 to Sai

Vihar for approval of certain renovation work in their flat. A detailed scope of

work, containing about 16 items of work was communicated and two specific

items were identified as modifications. The President of the Sai Vihar is said to

have granted consent for the proposed work except for the two items identified

as wall modifications. The two wall modifications entailed breaking down the

brick wall between the kitchen and the third toilet to utilise the space towards

dining area and to break the hall towards balcony side to set up reinforced

French windows.


5.                  The Petitioners submitted a structural auditor report made by one

Ace Consulting Engineers dated June 18, 2021 (“ Ace Report”) to Sai Vihar.

The Ace Report certified that the proposed modifications would not affect the

structure in any manner and they would not be treated as structural

modifications. The Petitioners contend that in the teeth of the Ace Report, Sai

Vihar communicated that the two specific work items identified in the

category of wall modifications must not be proceeded with. Meanwhile, the

Pune Municipal Corporation (“PMC”) addressed a letter dated August 26,

2021 to the Petitioners, alleging that they had violated Section 260(1A)(b) of

the Maharashtra Municipal Corporations Act, 1949, which was responded to

by a letter dated September 9, 2021, giving clarifications and submitting

photographs of the renovation.
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6.                  On September 23, 2021, Sai Vihar sent a lawyer's notice to the

Petitioners calling upon them to restore the demolished wall between the hall

and the balcony and the wall between the kitchen and the third toilet, which

were the modifications proposed by the Petitioners and specifically rejected by

Sai Vihar. On October 6, 2021, the committee members of Sai Vihar met the

Petitioners and directed that the two alterations of the walls would need to be

recreated by the Petitioners. On October 9, 2021, the Petitioners too replied

through their lawyers.


7.                  Thereafter, Sai Vihar carried out a structural audit of the Subject

Flat through a structural consultant appointed by it namely, IVP Structural

Consultants who gave a report dated February 1, 2022 (“ IVP Report”). It is the

Petitioners’ contention that the IVP Report explicitly returned a finding that

the brick wall, which had been removed, is non-structural in nature and the

concrete column between the door and the window which is a structural

member has not been removed or demolished and in fact no damage was

detected on it. The IVP Report also indicated that a non-structural partition

brick wall has been created and the structural members in this regard have not

been removed, demolished or damaged. A non-structural window was said to

be projecting on the outer side and the non-structural partition brick wall

constructed for opening of the toilet window and door had been constructed.


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8.                  The IVP Report stated that it was a product of checking for

structural components, if any, that had been removed, and for any damage by

the Petitioners in the different locations as set out in the mandate. The IVP

Report stated that the Petitioners had made some changes, but only in non-

structural members like removal of brick wall and projecting the window on

the outer side with the opening being filled by brick masonry and sunken slab.


9.                  Thereafter on March 29, 2022, Sai Vihar has filed a complaint

before the Deputy Registrar seeking a relief of directing the Petitioners to

restore the alleged alterations carried out by them and for compensation and

costs. The Petitioners too filed a complaint before the same authority against

Sai Vihar. In aid of the proceedings, the Petitioners appointed one more

structural consultant namely, StrucPro Consultants which also gave a report

dated May 24, 2022 (“StrucPro Report”). According to the Petitioners, the

StrucPro Report clearly indicated that all the changes that had been made in

the partition wall and the removal of non-structural members, did not create

any loading distribution problem for the building.


10.                 It was certified that the Subject Flat structure was safe and sound,

on the basis of a visual inspection and without any destructive or non-

destructive tests being performed. The StrucPro Report also recommended

that every five years, a periodic structural audit should be conducted for the

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safety of the structure which has not been carried out on the 22-year old

building. The report contained a disclaimer that the authors of the report

would not be responsible for the stability of the total building, since their

inspection was restricted to the Subject Flat.


11.                 By an order dated October 7, 2022, the Deputy Registrar, Co-

operative Societies, Pune dismissed the complaint filed by the Petitioners. On

October 12, 2022, the Deputy Registrar allowed the complaint filed by Sai

Vihar by passing the Registrar Order. An explicit finding by the Deputy

Registrar was that structural alteration had been carried out by the

Petitioners. The Petitioners' grievance is that all the three reports of structural

auditors had been completely ignored, only emphasizing on the fact that the

board of Sai Vihar had opined that the alteration must not be carried out.


12.                 Sai Vihar filed Appeal No.4 of 2022 before the Co-operative Court.

Sai Vihar’s grievance was that the Deputy Registrar had failed to give any

specific directions to the Petitioners to restore the removal of the walls in the

Subject Flat. The Petitioners too filed Appeal No.1 of 2023 before the Co-

operative Court challenging the Registrar Order on the premise that it ignored

findings of there being no structural change or risk to the structure.




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13.                 The Co-operative Court, after hearing the parties, directed the

Petitioners to reconstruct the walls which had been removed and directed

payment of compensation of Rs.2,000/- as costs to Sai Vihar.


Contentions of the Parties:


14.                 I have heard Mr. Dushyant Purekar, Learned Advocate for the

Petitioners and Mr. Aniket Nangare, Learned Advocate for Sai Vihar and with

their assistance, examined the material on record. The core grievance of Mr.

Purekar is that there are three reports of structural auditors that form part of

the record, and all three reports contain one unanimous conclusion, namely,

that there is no “structural” alteration or risk to the structure due to the

repairs in the Subject Flat. Yet, the Deputy Registrar had allowed Sai Vihar’s

complaint and rejected the Petitioners’ complaint. The Petitioners are

aggrieved that the Deputy Registrar has been arbitrary in disregarding the

specific finding that there has been no structural modification to the Subject

Flat on the part of the Petitioners.


15.                 Mr. Purekar would submit that the Co-operative Court indeed

considered the submissions of the Petitioners about interpretation of the term

“structural alterations” as extracted from Black's Law Dictionary but simply

failed to deal with the aforesaid three reports. According to Mr. Purekar, the

Impugned Order has restricted its consideration to the absence of grant of
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permission for carrying out of renovations and therefore, the Impugned Order

is arbitrary. He would submit that ignoring the opinions of professionals

which was placed before the board of Sai Vihar, constitutes ignoring objective

material resulting in an arbitrary decision. Both the Deputy Registrar and the

Co-operative Court ought to have accepted the contents of the audit reports

and allowed the complaint of the Petitioners and disallowed the complaint of

Sai Vihar. This, he would submit, is evidence of high handedness of abuse of

power on the part of the office bearers of the Board, and the President of Sai

Vihar. They had also created physical impediments for movement of the truck

carrying belongings of the Petitioners, necessitating intervention of the police

to allow the truck to enter the premises of the condominium. Thereby, he

would allude to positive discrimination against the Petitioners, which could

not have been ignored by the two forums.


16.                 In contrast, Mr. Aniket Nangare, Learned Advocate for Sai Vihar

would submit that it is the Maharashtra Apartment Ownership Act, 1970 (“ the

Act”) that governs the decision on the specific changes effected by the

Petitioners, contrary to the stipulations in the bye-laws. The modifications

include the removal of a window; a brick wall in the hall which is attached to

the balcony; replacement of the same by a sliding glass door; removal of a

brick wall of the toilet adjacent to the kitchen; projection of a window outside;


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and the toilet window and door opening on the outer wall being filled,

resulting in a change in the façade of the building.


17.                 Mr. Nangare would submit that the alterations and modifications

have been rightly held to be in conflict with the requirements of the bye-laws

and therefore, the categorical finding in the Impugned Order in reliance upon

the specific provisions of the Act, namely, Section 7, Section 8 read with Rule

41(2) of the Maharashtra Apartment Ownership Rules 1972 (“ Rules”) as

indeed bye-law No.31(b) and 34(f), is a sound and valid finding and must not

be lightly interfered with.


18.                 After the matter was heard on a couple of occasions, it was put to

the parties to consider whether they could still resolve their disputes in the

spirit of neighborliness by considering repairs and reconstruction of anything

that affects the external façade of the building and otherwise not disturb any

changes inside the Subject Flat that does not risk the structure and safety of

the building. However, the parties were unable to arrive at a resolution, which

necessitated adjudication of this Petition.


Analysis and Findings:


19.                 At the threshold, the following provisions from the bye-laws of Sai

Vihar would be noteworthy:-

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                “31(b) An owner shall not make any structural modifications or
                alterations in his unit or installations located therein without
                previously obtaining permission of the association in writing through
                the president of the board, who shall grant or refuse the permission as
                may be decided by the board. The concerned unit shall be granted an
                opportunity of being heard by the board. The board shall also call for
                objections if any from the unit owners for such structural modifications
                and alterations. The board on consisting all the aspects shall
                recommend to the president to grant or refuse the permission.

                34(f)      In no case, the exterior of the building shall be changed or
                modified, unless all the unit owners specifically decide in writing.”


20.                 A plain reading of the foregoing would indicate that the phrase

“structural modifications or alterations” in relation to any unit or installations

located therein, has been used in Clause 31(b). Carrying out any such change

would need the prior permission of Sai Vihar in writing through the President

of the Board. The President is obliged to grant or refuse permission as decided

by the Board. Indeed, an opportunity of being heard would be granted to the

unitholder. The views of other unitholders would also be taken into account in

making a recommendation. Likewise, under Clause 34(f), unitholders are

prohibited from changing or modifying the exterior of the building without the

unanimous consent of all unitholders in the building.                           This would be

regardless of whether the changes are technically “structural modifications”.




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21.                 It is in this backdrop that one must examine the reliance upon the

three structural audit reports pressed into service on behalf of the Petitioners.

I have also examined the contemporaneous correspondence between the

parties in relation to the repair works undertaken in the Subject Flat, along

with the structural audit reports. What is evident is that the three reports deal

with matters of structural safety. They are based on visual inspection and the

mandate given to the three structural auditors was to examine the threat to

structural safety only arising out of the repairs carried out by the Petitioners.


22.                 However, if one examines the core legal issue, whether or not

structural safety was compromised is one of the factors that would be

considered by the Board and by other unitholders in the accord of their

approval or disapproval of the proposed requests. However, they have the

discretion to reject the changes in their perception of risk to the building

which is indeed 22 years old, and said to not have been subjected to a

structural audit.


23.                 A plain reading of Bye-law No.31(b) would show that the owner of a

unit is obliged not to make any structural modifications or alterations in his

unit without the prior written permission of the association. In the facts of this

case, there was a prior written rejection of the proposal and yet the Petitioners

went on to effect the alterations. The specific alterations include action that

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has changed the façade of the building. The work included demolition of

certain walls, installation of a window and the demolition of the wall of a toilet

and installation of a projected window, which directly caused a change to the

exterior of the building.


24.                 In the writ jurisdiction, this Court cannot sit in judgment over the

decisions of the Board of the condominium in the same manner as the Court

would examine decisions of a statutory authority. However, this Court would

examine if the decisions of the Deputy Registrar and the Co-operative Court

were in accord with constitutional guarantee of reasoned decisions and

absence of arbitrariness.


25.                 Against this backdrop, one must examine the approach adopted by

the authorities in their concurrent findings.                Once a member of the

condominium becomes party to the contract evidenced in the bye-laws of the

condominium, he would be bound by the terms and conditions of that

contract. If the contract provides for a specific prior written permission of the

association in order to carry out any work, it would not be for the Writ Court

to sit in judgment over the wisdom of the association as if it were an agency of

the State falling within the ambit of Article 12 of the Constitution of India.

However, whether the decision was arbitrary and whether the statutory



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authorities who are charged with dispute resolution have acted in a reasonable

manner is needed to be examined.


26.                 It is noted that the closing of the toilet window by filling brick

masonry and opening a window externally indeed altered the exterior view of

the building and changed the facade of the building just at the floor occupied

by the Subject Flat. This is squarely contrary to bye-law 34(f), which required

unanimous consent of all unitholders for such a change to the building wall

and its façade and exterior wall. The President specifically communicated a

rejection of the proposed change and yet the Petitioners powered on to effect

the changes including to the outer wall. This is squarely in the teeth of the

obligations contracted in bye-law 34(f) and the Impugned Order cannot be

faulted in this regard.


27.                 Therefore, whether the other changes were “structural alterations

or modifications” is the issue that remained and this was also considered in

the Impugned Order. Indeed, structural safety or threat to it is a factor that

would aid and assist the Board of condominium to decide whether or not to

permit carrying out of a renovation.                   However, whether the change is

structural or not, with or without a threat to structural safety is a question of

fact that has to be considered by the Board of Sai Vihar. In my opinion, the



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thrust of the Petitioners’ contentions is that the three reports indicated no

threat to structural safety.


28.                 Bye-law 31(b) does not link the changes and the right to permit or

refuse permission to just structural safety. The structure and design of units

in a building have ramifications for all others in the building and these can be

outside the scope of structural safety too. For example, if one were to change

the structure of a residence by bringing in handling of water and moving a wet

area to a space that is not meant to have such wet handling, there could be

leakage to the floors below, without any threat to structural safety of the

building. This is just an example. Therefore, when a collective gets together

and concludes a group contract, conferring power on a representative body to

take decisions, it is a conscious choice made by the collective to enable such

body to take decisions. Such decision may not be optimal to every member

but would represent the lowest common denominator of what appeals and

seems agreeable to the collective.


29.                 It is against this backdrop that one must examine the validity of the

Impugned Order and see whether the Impugned Order is a product of any

breach of due process and arbitrariness in considering the scope of its

appellate jurisdiction. The Impugned Order clearly identifies the provisions of

bye-law No.31(b) and bye-law No.34(f) and has objectively identified that the

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modifications and alterations effected by the Petitioners were in the teeth of

the positive refusal of permission by the association.


30.                 As stated above, evidently, the exterior of the building and the view

thereof stood permanently modified with the window being filled up calling

foul of by-law No.34(f). Since it is an admitted position that the Petitioners

indeed carried out repairs without permission and indeed altered the view of

the external wall of the building, in my opinion, no case has been made out to

reject the approach adopted by the Co-operative Court in passing of the

Impugned Order in relation to changes made to the exterior wall of the

building. The Co-operative Court explicitly has accurately returned a finding

that the repairs resulting in change to the façade carried out by the Petitioners

in the Subject Flat was without permission or rather contrary to the

requirements of the by-laws. No fault can be found in the objective finding in

this regard.


31.                 As regards the other repairs, the Co-operative Court indeed

considered the definition of “structural alterations” from Black's Laws

Dictionary cited on behalf of the Petitioners. The Petitioners’ contention in

this regard was that if there is no danger to the structure, the association ought

not to have objected. The Ace Report is the only report made prior to the

repairs to aid and assist the Petitioners’ advocating the changes, which they

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themselves identified as modifications. The IVP Report and the StrucPro

Report are both post-facto reports that comment on whether structural safety

has been compromised.


32.                 In my view, it is not unfair or arbitrary to hold that the right to

approve or reject is a right that is taken by consensus by the condominium.

Such decision is more a decision based on the collective best judgment of all

unitholders as what should be allowed or disallowed and what is desirable to

approve to reject. Once one decides to live in a building that is managed by a

collective such as a condominium or a co-operative society, individual unit

holders merge their identity into the identity of the association. What is good

for the collective whole is a matter that is best left to the domain of the

collective. Every dissenting member's view is difficult to be accommodated to

the fullest. The association is not meant to conduct a quasi-judicial procedure

to decide upon matters as mundane as repair works, it is rather an

administrative and executive decision on what appears in the best interests of

all unitholders as a composite whole.


33.                 It would not be possible to run a collective unit like a condominium

if each and every member decides to interpret on its own, whether or not a

modification to the structure of a unit is not a “structural modification” on the

premise that structural safety was not under threat. Such an approach could

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lead to multiple disparate changes from multiple members, with none of them

individually being a risk to structural safety, but indeed in the cumulative

effect, could impact even the structural safety of the building.


34.                 The test of reasonableness to be adopted by this Court is to examine

whether the Deputy Registrar and the Co-operative Court carried out their role

in a reasonable manner. As far as the relationship between the Petitioners and

Sai Vihar is concerned, it is a contractual one and that contractual relationship

is determined by the provisions of the bye-laws, whose interpretation is to be

examined for perversity. So long as the association has acted consistent with a

plausible interpretation of the bye-laws, and has exercised its power in its own

wisdom not to approve of the modifications in question, it would not be

possible for the writ court to delve deeper into it and conduct an appellate

review sitting in the writ jurisdiction.


35.                 The approach of the association in refusing the changes to the

structure of the unit by breaking internal walls need not be informed solely by

assessments of structural safety. In its wisdom, the association is entitled to

refuse permission to a change to the structure. It may be arguable that a

change proposed is not “structural” because of no threat to structural safety.

However, if it is equally plausible to hold that the changes to the structure in

the plain English meaning of the term “structure” is undesirable and is to be

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refused, it would not be possible to second-guess that and substitute one

plausible view with another plausible view.


36.                 When one sees how the Co-operative Court has discharged its

appellate role from this perspective, in my opinion, no case is made out for

finding fault with the Impugned Order. That apart, the Co-operative Court has

indeed examined the Petitioners’ reliance on interpretation of the term

“structural modification” from Black’s Law Dictionary and has in fact pointed

out that the judgement of the Supreme Court in Amrendra Pratap1, where the

Supreme Court has declared                  that dictionaries can be safe guides for

discovering the meaning of words not defined in a statute, but can never be the

final word on interpretation. The Co-operative Court has correctly held that

words used in the bye-laws would need to take colour from the context and

setting in which they have been used. Assigning of a meaning or a sense in one

context may not be relevant for deployment in another context. The context in

which the phrases are used in the bye-laws is to arrive at a common

denominator that would work for all the unitholders of the Society.


37.                 The Co-operative Court has also gone on to extract from the reports

filed by the structural auditors and has noticed that the report of IVP Report

indeed indicates structural change. The bye-laws make no reference to safety


1 Amrendra Pratap Singh v. Tejbhadur Prajapati & Ors. – AIR 2004 SC 3782
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being the determinative factor for allowing or refusing a structural change. If

every unitholder decides to bring in criteria and that too after making the

changes disapproved by the collective, even safety may be compromised.

Moreover, the Co-operative Court has also noticed the provisions of Section 7

and Section 8 of the Act as the context in which the bye-laws that bind every

apartment owner including the Petitioners must be read. The element of safety

is contained in Section 8 but in Section 7, it is clear that the bye-laws and their

operation are administrative provisions, which indicates the legislature’s

intent is not to treat the Board’s decisions as quasi-judicial functions. These

provisions are extracted below:


          Section 7 - Compliance with covenants bye-laws and administrative provisions


          Each apartment owner shall comply strictly with the bye-laws and with the
          administrative rules and regulations adopted pursuant thereto, as either of the same
          may be lawfully amended from time to time, and with the covenants, conditions and
          restrictions set forth in the Declaration or in the Deed to his apartment. Failure to
          comply with any of the same shall be a ground for an action to recover sums due, for
          damages or injunctive relief or both maintainable by the Manager or Board of
          Managers on behalf of the Association of Apartment Owners, or, in a proper case, by
          an aggrieved apartment owner.


          Section 8 - Certain work prohibited


          Apartment owner shall do any work which would jeopardize the soundness or safety
          of the property, reduce the value thereof or impair any easement or hereditament nor
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          may any apartment owner add any material structure or excavate any additional
          basement or cellar without in every such case the unanimous consent of all the other
          apartment owners being first obtained.


                                                                                [Emphasis Supplied]



38.                 The definitions of the Black’s Law Dictionary pressed into service by

the Petitioners is extracted below:


                     Black’s Law Dictionary – 1990 Edition:

                     Structural alterations or changes – One that affects a vital and substantial
                     portion of a thing that changes its characteristic appearance, the fundamental
                     purpose of its erection, and the uses contemplated. One that is extraordinary
                     in scope and effect, or unusual in expenditure.

                     Black’s Law Dictionary – 8th Edition 2004:

                     Structural alteration. A significant change to a building or other structure,
                     essentially creating a different building or structure.

39.                 To my mind, nothing turns on these definitions.                      These are

meanings in a law language dictionary culled out of cases decided in their

respective context. These are indeed, as rightly stated by the Co-operative

Court, indicative but not determinative and conclusive. Even in legislation,

typically definitions assigned are subject to variation where the context

requires. Even then going by the meanings assigned in this dictionary, it is

apparent that the repairs carried out at least to the extent of the exterior wall
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Ashwini Vallakati
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changed the characteristic appearance of the building. Removing walls and

filling up gaps by bricks did change the structure of the unit, perhaps without

eroding structural safety, but nevertheless these were changes to structure,

which in terms of the bye-laws were specifically disapproved and yet the

Petitioners carried them out to present a situation with the suggestion that it is

too late to change it i.e. a fait accompli.


40.                 In the facts of this case, there was a positive rejection of the two

modifications by way of the administrative decision. If that was ignored on

the premise of structural safety being the justification, Sai Vihar was entitled

to have it remedied. The Deputy Registrar and the Co-operative Court have

agreed with Sai Vihar in a plausible manner.


41.                 Therefore, I find no reason to interfere with the Impugned Order.

The Petition is dismissed. Considering the time taken for disposal of this

Petition, the time to effect compliance with the directions upheld in the

Impugned Order is extended by a further of six weeks from the date of upload

of this order on the website of this Court.


42.                 All actions required to be taken pursuant to this order shall be

taken upon receipt of a downloaded copy as available on this Court’s website.



                                        [ SOMASEKHAR SUNDARESAN, J.]
                                        Page 21 of 21
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Ashwini Vallakati


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