HC asks non-consenting members to hand over possession of their flats

Ahmedabad Mirror | 1 week ago | 24-06-2022 | 06:00 am

HC asks non-consenting members to hand over possession of their flats

In an important ruling, the Gujarat High Court gave a go-ahead to the Swami Vivekanandnagar Cooperative Housing Society Limited, a 78-apartment society in Jodhpur area, to proceed with redevelopment and asked non-consenting members to hand over possession oftheir flats.Justice Sangeeta Vishen permitted the petitioner society to act as per the redevelopment permission and directed private respondents to hand over the possession of their respective flats for the purpose of redevelopment within a period of eight weeks from the date of thereceipt of copy of the judgment.Vishwa Patel, the advocate for the petitioner society, explained, “The new amended law (Redevelopment Act) has no provisions as to what to do about the 25 per cent of the dissenting members. One important argument of the opposition was that dissenting members can’t be evicted from their houses.”Patel further said, “The court found the arguments of the dissenting members as ill-founded and misplaced. The court said relinquishing the flat does not amount to eviction as it is only temporary shifting in the larger interest of the society members.”She said the order will bring relief to not only the petitioner society in this case but each and every cooperative society in Gujarat whose members want to go for redevelopment.There are more than 100 societies in Ahmedabad that are either in advance or initial discussions for the redevelopment of their societies.In spite of the Gujarat Ownership Flats Act (1972) that allows redevelopment of societies with consent of 75 per cent members instead of 100 members, most developers have been demanding 100 percent approval of the members in order to avoid conflicts at a later stage.Talking to Mirror, secretary of the Swami Vivekanandnagar Society Alpesh Patel said, “We are thankful to the society members and the developer who supported us in fighting the case against the wrong doers within the society.”He added, “The order will help other societies go for redevelopment without hiccups, not succumb to the pressure of non-consenting members demanding extra money or resorting to arm-twisting to ditch re-development deals.”The 50-year-old society across 7,500 square yards was in a dilapidated condition and in dire need of renovation. Excel Life Group, the developer, will redevelop the society with 176 units of three and four BHK flats.Hemant Jariwala, the chairman of the society, said because of the objection by just two society members, who were parties in the court, the entire society had to suffer. The society that was to be redeveloped in three years will begin work now.​​​​​​​

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