By I C Naik
Bombay high court has ordered 21 flat holders of a housing society in Oshiwara to vacate their flats in 60 days to make way for the redevelopment of the building, reports Times of India.
Giving ultimatum to stubborn flat holders Hon Justice S C Gupte said if the families refuse to vacate within the stipulated time, a court receiver would be appointed to take possession of the flats and even seek police assistance if needed. The opposing residents have been given 45 days to sign the agreements.
The HC was hearing the developer which had been appointed by Symphony Housing Society to carry out redevelopment of its property. The HC rejected the excuses of the 21 members who had refused to move out, on the pretext of some clauses in the development agreement. “The balance of convenience is in favour of the (developer), the society and its overwhelming majority of members who want the building to be reconstructed,“ said the judge.
The HC emphasized on the builder’s sincerity to the project in spending substantial sums to start the project, shelled out Rs 100 lakh towards conveyance of the land and existing building, Rs 50 lakh to the society towards security deposit and well over Rs 500 lakh to the society members towards various compensations and spent various sums for preparing and having the plans of the new building approved.
“The (opposing flat owners) do not oppose the redevelopment, but merely have reservations about certain clauses of the development agreement and the permanent alternative accommodation agreements,“ added the court.
Symphony society is spread over 2,997sqm and its 68 members hold 72 flats and 19 garages in the building.
Society members had agreed to redevelop its property and appointed the developer in 2011. Around 64 members signed the development agreement. The builder moved the HC after the said 21 members refused to join the rest of 47 members. The opposing residents disputed that the agreements had been approved in the special general meeting and produced video recordings claiming that the records of the meeting were fabricated.
They alleged that the development agreement was not in accordance with the tender conditions and that conditions had been violated. “Merely on the basis of a purported video CD of the proceedings of SGM, the recorded minutes of the meeting, which the society stands by , cannot be disregarded at this interim stage,“ said the judge
