Gujarat HC orders father-son duo to vacate Rang Milan Flats for redevelopment
April 22, 2024
Ahmedabad: The Gujarat High Court has ordered a father-son pair to vacate their residences within Naranpura’s Rang Milan Flats, so that the redevelopment of the society can take place.
The Bhavdeep Cooperative Housing Society Ltd was built 44 years ago and houses 48 housing units. In 2017, due to the dilapidated condition of the buildings, the redevelopment process was initiated. Leela Buildcon, a developer, initially offered a two BHK flat to all members in exchange for their existing 56 sq m 1BHK flats, but later agreed to provide 3 BHK units. The majority of the society members consented to the revised proposal, and the former chairman and his son also initially agreed but later dissented.
The matter reached the court, and the High Court ruled that the redevelopment should proceed as the buildings are over 25 years old, deemed dilapidated by a structural engineer, and with over 75% member consensus, meeting the criteria outlined in Section 41A of the Gujarat Ownership Flats Act, 1973.
Consequently, the court instructed the father-son duo to vacate their flats within eight weeks, surrender possession to the society, and cooperate with the redevelopment process. DeshGujarat
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