MUMBAI: A builder's attempts to evict 17 dissenting flat owners in a redevelopment project in Versova came to naught when the HC realized that the remaining 142 members were yet to vacate their apartments. Declining to grant a plea by Sarthak Developers to appoint a court receiver and take forcible possession of the flats, Justice Anoop Mohta said such a request was 'uncalled for'. The judge, however, ordered the 17 society members not to alienate the flats by selling them or creating third party rights till the dispute is resolved.
"There is no case of irreparable injury, substantive loss, urgency or substantive harm, unless the flat owners vacate the flats for the project. Such selective action is not the solution. Everything should run simultaneously,'' said the judge. The HC reiterated that the resolution by the majority members of the society for redevelopment would be supreme.
"The members are bound by the majority members' decision/unchallenged resolutions,'' said Justice Mohta. "The prayers only against the (dissenting members who are opposing redevelopment) without taking further steps , is unacceptable. Whosoever obstructs once the project is commenced, the builder or the society, may apply for urgent relief, but not in such piecemeal manner.''
Bank of India Amrut Tara staff housing society was constructed in the 1980s. The society in 2007 decided to go for redevelopment and in 2008 appointed Sarthak Developers to undertake the project. The builder claimed he had already incurred huge costs on the project-it paid Rs 3 crore to the original developer for conveyance, Rs 75 lakh to the 142 members as part payment of the hardship compensation, and over Rs 27 lakh for permissions, stamp duty and registration.
The court noted that not a single member has vacated his flat yet. The court has given the builder the liberty to approqach arbitrial tribunal and allowed the dissenting members to settle their matter.
