BUILDERS RULE OVER MINORITY IN REDEVELOPMENT

Supreme Court once again crushed the dissents of minority members who tried to rule against the Builders by opposing the redevelopment of their Society. Three flats belonging to dissenting members of an Andheri based Housing Society, who opposed a redevelopment plan, were forcefully taken possession of by the Assistant Court Receiver following a Supreme Court order delivered in favour of the Builders.

The complete possession of Bank of India Amrut-Tara Staff Correspondent Housing Society in Andheri (West) was taken on February 15, 2013 amidst police presence after the Supreme Court ruling of January 31, 2013. 

On May 25, 2008, the said Society comprising 160 members housed in two buildings, entered into a Redevelopment Agreement with Sarthak Developers. The buildings were 27 years old and were in dilapidated condition due to inferior quality construction. There were plumbing defects and big cracks in the columns.  The Society had no option but to opt for redevelopment.

However, of the 160 members, 142 members gave their consent and began vacating their premises from June 2012, while 18 members did not agree to the Redevelopment Scheme.

Since the dissenting members refused to vacate their flats, the Builders issued legal notice on September 30, 2010 and the Builders filed an arbitration petition and appeal against these members.

When asked the reason for their dissent, one of the 18 dissenting members said that it was a misunderstanding about our disagreement. Since the majority had agreed, they were being asked to give their consent too and that they were never against the redevelopment. What they asked for was more transparency in the matter of redevelopment from the members of the Managing Committee.

Since the High Court Judgment of December 5, 2012, went in favour of the Builders, 15 dissenting members out of 18 gave their approval. Of the remaining three members who stood their ground, two members refused to accept the decision, while the third member challenged the order of High Court in Supreme Court.

The Supreme Court, based on a January 13, 2013 hearing, dismissed the petition and directed the dissenting members to surrender their flats amicably to the Builders for redevelopment.

Accordingly, on February 15, 2013, the Assistant Court Receiver accompanied by the Versova Police, initiated the procedure of forced handover of the flats to the Builders. While two of the three members handed over possession of their flats, the Police had to break open the door of the third flat as the concerned member was not present.

 

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