Gujarat HC rejects plea of dissenter against housing society’s redevelopment
September 30, 2023
Ahmedabad: Gujarat High Court, on Friday, rejected an appeal lodged by residents of the Gujarat Housing Board’s (GHB) Anand Vihar Society, located on the 132-foot Ring Road. These residents had opposed the redevelopment of the society.
Among the 132 members of the society, comprising 11 buildings, eleven had challenged a prior order issued by a single-judge bench on September 18, 2022. This earlier ruling had paved the way for the redevelopment process that was initiated in 2018. While most of the members had consented to the redevelopment of the 40-year-old buildings, some residents, particularly those owning ground floor flats, had raised objections.
Following the single-judge’s order, Siddhi Developers and Builders had issued eviction notices to those who were hesitant to vacate the premises. In response, the dissenting members approached the division bench.
In January, a woman had filed an appeal against the redeveloper’s intention to demolish the society. The bench, led by the Chief Justice, had subsequently halted the demolition of the building where the appellant woman’s house was located. Eventually, she and ten others agreed to the redevelopment scheme, leading to the disposal of their appeals by the high court on September 12.
However, another resident named Girishbhai Darji did not consent to the plan, and his appeal was reviewed on its merits and dismissed by the bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee.
It is noteworthy that redevelopment of a society cannot be obstructed if over 75% of the members have consented. In this case, at least 82% of the members were in favor of the redevelopment.DeshGujarat
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