look news india
Mumbai: The Bombay high court recently ordered seven members of a housing society to vacate their flats within two weeks, observing that their behaviour was jeopardising the redevelopment of the building.
If the flat is not vacated within two weeks, the High Court ordered seven members to deposit Rs. 5 lakh each as expenses. The hearing was going on regarding the redevelopment of a building in Chakala area of Andheri (East). Justice Arif Doctor said that there are many cases of this court in which attempts are made by the members of the judge to obstruct the redevelopment by putting forward reasons which are clearly contrary to the established position in law and which are frivolous, which cannot be defended.
A petition was filed in the High Court by a developer over a dispute between members who did not agree to the redevelopment. A redevelopment agreement was signed between the developer and the housing society in September 2023. In October 2023, after the building was placed in the SEWAN (distressed) category, 76 out of 84 members initially vacated their flats. Another member vacated the flat after the developer approached the High Court after the dissenting members refused to vacate the flat.
The counsel for the petitioner said the developer has incurred hardship pension (compensation to the flat owner against the difficulty of shifting to another place), rent, brokerage etc. Most of the flat evacuees are senior citizens. A case has been filed in the City Civil Court against the redevelopment by the dissenting members. But the court did not grant a 'stay' (against redevelopment).
The three-member dissenting counsel said that the developer was not willing to enter into an agreement to arrange for permanent alternative accommodation. Justice Doctor said that the developer's counsel has made it clear that an agreement will be made and they will be treated like other members. If the seven members do not vacate the flat within two weeks, a fee of Rs 1000 will be charged from them. Justice Doctor directed that five lakhs will have to be paid.
