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Case Law Details

Case Name : Acknur Constructions Pvt Limited Vs. Fardoon Apartment Cooperative Housing Society (Bombay High Court)
Related Assessment Year :
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In a path-breaking judgment, the Bombay high court has held that even a single dissenting member of a cooperative housing society cannot be thrown out by a builder based on a mere development agreement with the society and a majority of the flat owners in it for redevelopment of the building.
Expressing serious concern at the “disturbing trend of developers approaching the court and seeking eviction and dispossession of non-cooperating members of housing societies’’, Justice S C Dharmadhikari held that any redevelopment activity “should not comprom

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2 Comments

  1. Jitendra kaul says:

    I am the owner of a plot with half given to a society and the other half is a bungalow but the wall of the building is same no conveyance deed is done so the 7/12 is still in my name now we want to redevelop the building and the bungalow but on one side a garbage was made by the developer in the society compound which was shown in the blue print now he is adamant to get a shop in front of the redevelop building so is not willing to leave his garage or sign the redevelopment agreement what is the remedy

  2. Rishikesh Purane says:

    this is total injustice and defeating the purpose of a Coop. Hsg. Soc. The 3/4 members are indirectly blackmailing the other members. What judgement Mr. Dharmadhikari would have given if, the Developer offrs equal area to all the members? Why any member should ask for extra area than other members? Pl do not held the Developer responsible for any such conditions. Pl. answer.

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