'In Larger Public Interest': High Court Directs Father-Son Duo To Vacate Flats For Redevelopment Of Dilapidated Building In Ahmedabad

The Gujarat High Court recently directed a father-son do to vacate their flats in a Ahmedabad society, to facilitate the redevelopment of the 'dilapidated, dangerous, and ruinous' structure, enabling society members to receive 3BHK flats instead of their current 1BHK ones.

Presiding over the case, Justice Vaibhavi Nanavati emphasized the significance of redevelopment in the larger public interest and upheld the consent of over 75% of society members, despite objections raised by the father and son.

Justice Nanavati observed, “once the project of redevelopment is undertaken by the society and there is consent of more than 75% members as also the flats-in-question are more than 44 years old, the objections raised by the respondent Nos.6 and 7 are not maintainable. The project of redevelopment undertaken by the petitioner society is required to be proceeded further.”

“This Court deems it fit to exercise powers under Article 226 of the Constitution of India as the decision taken for the redevelopment is in larger public interest and provides for the benefits to the house holders/flat owners and the property right of any occupier would not be affected and every occupier will get a new unit against their occupation. In the opinion of this Court, in the redevelopment process when almost all the members, except 2 members, have given consent for redevelopment, at the instance of the 2 members, the consent of the majority members should not suffer,” she added.

Bhavdeep Cooperative Housing Society Ltd was built in 1977-78, and in 2017 the society members opted for redevelopment of their deteriorating buildings. The majority of the society members agreed to the redevelopment proposal; however, a former chairman of the society and his son dissented. In 2022, the society members entered into a Memorandum of Understanding (MoU) with the developer following a structural engineer's report indicating the need for reconstruction of the buildings from the ground up. However, due to the dissent from the two members, the redevelopment process was halted.

To address the impasse, the society sought legal intervention by approaching the High Court.

The Court noted that 46 out of 48 members had consented and signed the MOU for redevelopment of the 44 years old structure. It observed,

“At the cost of repetition, it is required to be observed that the construction of the building is old and damaged and the report of the Structural Engineer also states that the building is in dilapidated condition, under such circumstances, in the interest of the residents of the building/flats, the decision of redevelopment appears to be taken in good faith and such process cannot be stalled at the instance of the respondent Nos.6 and 7 being signatory to the Resolution of redevelopment. It is also stated by the respondents that the respondents are not against/adverse to the redevelopment,” the Court added.

Thus, the Court directed the father and the son to vacate their respective flats in the society and handover the peaceful and vacant possession thereof for the redevelopment as per Section 41A of the Gujarat Ownership Flats Act, 1973 within a period of eight weeks.

Case Title: Bhavdeep Cooperative Housing Society Ltd. Through Ushaben Natvarbhai Amin & Ors. Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 49

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