The Bombay High Court (HC) recently made a significant decision by dismissing a case filed by six individuals who opposed the renovation of a housing society located in Malad (West). The court's ruling emphasised the power of the majority's approval. It established that the concerns of minority members could not halt the redevelopment project.
The case was brought by the six petitioners, who expressed their concerns regarding the relocation of their businesses. They owned eight stores on the ground floors of two wings of the building. The six petitioners were part of a minority group within the housing society. They represented less than 10% of its membership.
The court ruled that their status as a minority did not allow them to halt the redevelopment project approved by the majority.
The key argument rejected by the court was the petitioners' claim that their ownership of commercial properties within the building granted them the authority to block the redevelopment. The court said that the majority's decision matters over the objections of the minority.
The court approved the housing society's and Brihanmumbai Municipal Corporation (BMC)'s arguments. It emphasised that no legislative framework permits partial demolition of a hazardous structure. Therefore, once a building is designated as dangerous and dilapidated, a full demolition is required under Section 353A of the Mumbai Municipal Corporation Act, 1888.
The plea requested that the local authority spare their stores on the ground floors and demolish only the first to fourth floors. They were not against the redevelopment itself. They were only worried about the location and space for their commercial properties, but the court rejected it.
The housing association said that two residential flat owners had already vacated their spaces. The partial demolition of five out of the seven buildings had already begun.
Share
Tweet
