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LANDMARK JUDGEMENT BY HIGH COURT COULD STALL THE SPEED OF HOUSING SOCIETY REDEVELOPMENT

high-court-4It’s a landmark judgment that can have far reaching impact on redevelopment plans of housing societies. That means even if there’s one objector, the majority nod will have no value. Sana Warsia joins us with details. 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”, the High Court held that any redevelopment activity “should not compromise the rights of members and must safeguard the existence of the society”. In the end the HC also observed that and I quote, “Cooperative society movement is a socio-economic and moral movement. It is to fulfil the constitutional aim of distribution of wealth. It is not a profit-making activity not is it a tool for power politics. Its true role cannot be forgotten or else commerce will displace service.” The High Court judgment has struck a blow for dissenting members and clearly indicated that a redevelopment agreement entered into by the housing society with a builder, despite having the consent of a majority of members, cannot bind the minority if the reconstruction is not in the interest of all members of the society. With bureau inputs, Sana Warsia for NMTV News.

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