Gujarat HC junks Shivranjani Society’s plea seeking restart of redevelopment process

Ahmedabad: The Gujarat High Court has ruled that the Gujarat Housing Board (GHB) has no authority to approve a newly formed committee in a housing society that had already agreed to redevelopment under an earlier committee. The court clarified that matters involving the recognition of such committees fall solely under the jurisdiction of civil courts.

The bench announced the decision while dismissing a petition filed by 120 members of Parishramnagar Society Vibhag-1 at Shivranjani, Ahmedabad, who sought to restart the redevelopment process.

Parishramnagar Society, comprising 204 flats, had initially approved redevelopment with the consent of 194 members, leading GHB to appoint Sun Developers. Later, 130 members formed a new committee, alleging the earlier consent was fraudulent, and sought to restart the process. GHB rejected their plea, prompting 120 members to move the High Court. GHB argued that the petitioners had already given consent and were now misusing the legal process. Additionally, 170 members, including 96 petitioners, had agreed to the redevelopment on the condition that the developer clear outstanding dues of ₹1.62 crore, which has already been fulfilled.

After hearing both sides, Justice Niral Mehta held that GHB has no jurisdiction to recognise or validate such committee disputes, which are civil in nature and must be resolved in a competent civil court. The court also emphasized that the petitioners had previously consented to the redevelopment and that GHB cannot be compelled to restart the process. The plea was accordingly dismissed. DeshGujarat