No need to tweak housing society by laws to undertake redevelopment
Justice R D Dhanuka rejected the claim of 17 flat owners opposing the redevelopment plans of an Andheri society
Nov 13, 2014
Source : The Times of India


MUMBAI: A housing society is not required to change its by-laws before undertaking redevelopment of its premises, the HC has ruled. Justice R D Dhanuka rejected the claim of 17 flat owners opposing the redevelopment plans of an Andheri society on the grounds that the society had not changed the bylaws to include "redevelopment" as one of its businesses and objectives.

"In my view, the redevelopment of the property may be necessitated in view of the buildings being in a dilapidated condition or in view of passage of time. The redevelopment thus would be a requirement and necessity and cannot be termed as business. The society is thus not required to carry out any amendment to the by-laws or to include the 'redevelopment of the buildings' as one of the object of the society before taking any decision to redevelop its properties," said Justice Dhanuka.

"There is no merit in the submission that the resolution passed by the society for carrying out redevelopment without the same being one of the objects or that the same being not business of the society, is illegal and cannot be acted upon."

The HC also allowed an application by Vardhaman developers, which was supported by the Krupa Prasad housing society, to appoint a court receiver to take forcible possession of the 17 flats within four weeks and hand them over to the developer for demolition.

"The contesting members who are in minuscule minority after signing the irrevocable letters of consent and after passing of the resolution by the overwhelming majority which is binding on all the members including the dissenting members cannot stall the redevelopment project," said the judge.

"The minuscule non co-operative members cannot stall the redevelopment project on flimsy grounds. This court has ample powers to appoint court receiver in this circumstances with a direction to take forcible possession from such non co-operative members and to hand over the same to the developer for demolition and redevelopment," the court said.

The society is spread over 5,075 sq m in Andheri (W), and comprises three buildings with 75 flat owners and 25 tenants. The society appointed developer for carrying out the redevelopment in 2008. While 58 flat owners and the 25 tenants vacated their flats, 17 flat owners refused to do so. They alleged violations and sought to question the ability of the builders to complete the project. The HC pointed out that the society had passed a resolution appointing the builders.


Latest Realty News

Realty sector wants stimulus package
Nov 13, 2014
Tiruchirapalli:The Confederation of Real Estate Developers Association of India (CREDAI) has urged the government to come up with a stimulus package for rejuvenating the realty sector
Protest against smart city plan
Nov 13, 2014
Imphal: The Manipur government’s decision to acquire land at Haollenphai village — in Moreh town bordering Tamu of Myanmar — to set up International Township, a “smart city”, is facing stiff opposition from Thadou students
Land must be given to landless: NHRC
Nov 13, 2014
Bhubaneswar: National Human Rights Commission (NHRC) directed the state government to give physical possession of land to the landless who have been allotted plots under various government schemes
House tax in Ghaziabad to increase by 10 per cent from April 2015
Nov 13, 2014
GHAZIABAD: Property owners in the city will have to shell out more from next financial year as Ghaziabad Nagar Nigam (GNN) has decided to increase the house tax by 10 per cent
Telangana CM wants to add skyscrapers to Hyderabad city
Nov 13, 2014
Hyderabad: Telengana chief minister K Chandrasekhar Rao wants to add skyscrapers to the Hyderabad skyline
Affordable housing momentum gains in Pune
Nov 13, 2014
Pune: Affordable housing segment that saw a dip of 52 per cent in third quarter of 2014 across India, has seen a healthy growth in Pune
Guidance value set to rise in Bengaluru, citizens rush to register
Nov 12, 2014
BENGALURU: Long queues were seen at sub-registrar offices in the city ahead of an increase in guidance value for properties by 15-30%
Haryana Urban Development Authority houses 60% cheaper than DDA’s: Experts
Nov 12, 2014
NEW DELHI: Even as more than 10 lakh applicants continue to wait for the lucky draw results for 25,000 housing units Delhi Development Authority (DDA) housing scheme, real estate experts feel there is no need for despair for those who miss the opportunity
BDA Plans Market Complex in Khurda
Nov 12, 2014
BHUBANESWAR: The Bhubaneswar Development Authority (BDA) has proposed to set up a multi-storey market complex and launch a housing scheme in Khurda
S&P, MSCI to make real estate a new index industry sector
Nov 12, 2014
A change in the way publicly traded companies are categorized will result in the creation of a separate real estate sector

Latest Realty News Of State

Realty Talk's