The Bombay High Court on Wednesday held that “the minority/dissenting members cannot act against the will of the majority members of the society and obstruct the redevelopment.” The court made the observation while hearing a plea by a developer seeking directions to three members of a housing society to vacate their premises to facilitate and implement redevelopment agreement of the society for a 50-year-old dilapidated building in Mumbai’s Ghatkopar (East).
It held that once the member enters a society, he or she loses rights of an individual member and redevelopment cannot wait and dissenting/majority members, who have vacated their premises, cannot suffer till individual rights of minority members, other than common rights, are adjudicated by an appropriate forum.
A single-judge bench of Justice Girish S Kulkarni on April 13 passed a judgment in an arbitration plea by Choice Developers against three members of Pantnagar Pearl CHS Ltd., stating that out of 30 members in the society, 26 have vacated but three respondent members, who occupied four units in said building, have not abided by the Development Agreement of March 23, 2021, being executed between the petitioner and the Society.
The court was informed the society, in its Annual General Body Meeting (AGM) on November 29, 2020, by majority of members passed resolution to appoint the petitioner as developer and the decision was ratified in February 7, 2021 AGM, in presence of the officers of Maharashtra Housing Area and NOC for redevelopment from the Deputy Registrar of the Society were obtained and the agreement was executed thereafter.
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