Majority wins battle for hsg soc’s redevpt Decision Taken By General Body Final: HC

Mumbai: The Bombay high court has set it in concrete: a decision for redevelopment taken by a housing society's general body will prevail. 

    Brushing aside the objections raised by three members of Jaydeep Apartments Cooperative Housing Society in Borivli (W), Justice S J Vazifdar paved the way for the 27-year-old building's redevelopment and ordered the dissenting three to vacate their flats by April 30, 2012. 
    The three had not attended the society's general body meeting in which the redevelopment decision was taken. 
    "The question of balance of convenience is obviously in favour of the (builder), the society and the 51 members who are waiting for their new flats," said the judge. "If the reliefs sought are not granted, they would, for reasons too obvious to enumerate, suffer grave and irreparable harm and injury." 
    The court was hearing a petition filed by Vaz Infrastructure Ltd seeking eviction of the three flat owners as they had refused to vacate the premises. While ordering the three to vacate their flats, the court said they "would not suffer much harm". "Their interests are safeguarded in every possible manner, especially by their being put in possession of flats which are of greater value than their own flats," said the judge. 
    The court referred to earlier judgments in such cases and held a builder could approach the court seeking implementation of a deal struck between the developer and a housing society when the project fails to take off for various reasons, including opposition from a minority group of flat owners. 
    "The judgments hold that the developer, in such circumstances, can maintain an action for obtaining possession of the property from the society; that in such an 
action, reliefs, including interim, can be granted requiring the dissenting members to hand over possession of their flats to the developer through the society and that the minuscule dissenting minority is bound to comply with the resolutions duly passed by the society for the redevelopment," said the judge. The court said developers were at liberty to launch legal proceedings to claim damages from members who fail to vacate. The judge clarified he was not concerned with the issue as no such application was before the court. 
Jaydeep housing society comprises two wings with an extension and has 54 members. In 2010, following a general body meeting, the society decided to go in for redevelopment and appointed Vaz as the builder. As per the agreement between Vaz and the society, all flat owners were to vacate the premises by July 2011. In court, the three members doubted Vaz's capability to carry out the work. But the court said that 51 members had taken a decision and the three had not challenged the redevelopment proposal itself. 
LEAVING NO ROOM FOR DISPUTE 
Jaydeep Cooperative Housing Society in Borivli enters into a redevelopment agreement with Vaz Infrastructure Ltd following a general body meeting 
Three of the 54 society members object to the choice of builder and refuse to vacate their flats 
Vaz moves court seeking eviction of the three flat owners 
The Bombay high court rules that the redevelopment decision taken by the housing society's general body will prevail and orders the three to vacate their flats