By Legal Cell
Recent judgment of Bombay High Court on minority’s objection in the redevelopment of society gave a short in the arm to the redevelopment process.
It was a dirty game which trade was playing. Knowing that a builder is purchasing the project from a society for redevelopment, another would buy a unit or a flat in the building and the redevelopment never happens. It was nothing but under cutting.
Secondly, those who wanted a fortune out of their property yet depriving others from the advantages of redevelopment, never satisfied with any amount of money and space offered. Some of them sense that office bearer are in hand in glove with the builder and extracting extra consideration, always put their legal rights in between redevelopment and the society.
Thirdly, those who always wanted big consideration and never got the society’s management in hand, go for the legal weapon to stop the redevelopment process.
In a significant order, Bombay High Court recently appointed a court receiver to oversee the redevelopment of a building in Khar, where three members of a housing society refused to vacate flats after the society had signed an agreement with a builder. Justice AM Khanwilkar has directed the court receiver to take help from police to get the “unreasonable” occupants vacate their flats and facilitate redevelopment of the building for the majority’s interest. The order was passed in a case pertaining to Sahara Cooperative Housing Society, a ground plus two-storey building on 11th Road, Khar, comprising 12 flats. In September 2006, the society signed a redevelopment agreement with Raja Construction, pursuant to a general body resolution passed in June that year.
