MUMBAI: The Bombay HC has ordered 21 flat owners of a housing society in Oshiwara to vacate their apartments in 60 days to make way for the redevelopment of the building. Justice S C Gupte said that if the families refusing to vacate within the stipulated time, a court receiver would be appointed to take possession of the flats and even seek police assistance if needed.
The court was hearing an application filed by Supreme Mega Constructions, which had been appointed by Symphony housing society in Oshiwara to carry out redevelopment of its property. The court rejected the plea of the 21 residents who had refused to move out, citing some clauses in the development agreement.
"The balance of convenience is in favour of the (developer), the society and its overwhelming majority of members who want the building to be reconstructed," said the judge. The HC pointed out that the builder had spent substantial sums to start the project—it had paid Rs 1 crore towards conveyance of the land and existing building, Rs 50 lakh to the society towards security deposit and over Rs.5.31 crore to the society members towards various compensations and spent various sums for preparing and having the plans of the new building approved. "The (opposing flat owners) do not oppose the redevelopment, but merely have reservations about certain clauses of the development agreement and the permanent alternative accommodation agreements," added the court.
Symphony society is spread over 2,997 square metres and its 68 residents own the 72 flats and 19 garages in the building. Society members had agreed to redevelop its property and appointed the developer in 2011. Around 64 members signed and approved the development agreement. The builder moved the HC after the 21 members refused to comply. The opposing residents disputed that the agreements had been approved in the special general meeting and produced video recordings claiming that the records of the meeting were fabricated. They alleged that the development agreement was not in accordance with the tender conditions and that conditions had been violated. "Merely on the basis of a purported video CD of the proceedings of SGM, the recorded minutes of the meeting, which the society stands by,0 cannot be disregarded at this interim stage," said the judge.