Ruling in favor of a minority group of members opposing redevelopment of their housing society, the Bombay High Court, on Thursday, held that the developer could not seek their eviction without fulfilling the terms of the development agreement. Justice SC Dharmadhikari dismissed the plea filed by the developer, M/s Tanishq Builders, seeking eviction of 10 members of Praja Cooperative Housing Society at Ghatkopar East, so that redevelopment could begin.
The detailed reasoned order is yet to be issued.
The developer had contended that 72 per cent of the members (46 out of the society’s 60 members) had given their consent for redevelopment, which had become necessary as the four buildings of the society were dilapidated.
Counsel for the developer, SU Kamdar, argued that all permissions had been obtained and a huge amount invested for the redevelopment, which was in jeopardy because of non-cooperation of a minority of the members. Counsel also highlighted the recent Bombay High Court judgements that a minority of members could not stall a redevelopment project.
Counsel for the minority members, Aniket Nikam, argued the Development Agreement provided that the builder would acquire the bit of land adjoining the society property and develop the entire area.
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