12/02/2026
Section 79A—Directory or Mandatory?
A single dissenting member is challenging your redevelopment project because of a minor procedural lapse in the 79A guidelines. Will the Court stop the project?
Discuss the ruling in Devendra Kumar Jain vs. State of Maharashtra (Oct 2025).
The High Court reiterated that Section 79A guidelines are "Directory," not "Mandatory." * The Trend: As long as there is "Substantial Compliance" and the majority (51% or 70% as per current norms) has voted in favor, minor technical errors in the tender process or notice periods will not be grounds for an injunction.
"The Court is increasingly rapping 'lone dissenters' who use litigation as a tool to stall projects. The focus has shifted from 'procedural perfection' to 'democratic majority'."
If your society is facing a stay order from a minority of members, it’s time to review the 'Substantial Compliance' doctrine.
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