Ahmedabad: The Gujarat High Court has directed a lone dissenting member to hand over possession of her flat to enable a pending redevelopment project of a housing society, reiterating the primacy of majority decisions in cooperative housing societies.

The case relates to Avkar Lakshmi Cooperative Housing Society Ltd., located in the Ellisbridge area of Ahmedabad. Built in 1973, the over 50-year-old structure has significantly deteriorated. The bench of Justice Mauna M. Bhatt noted that the Ahmedabad Municipal Corporation (AMC) had issued multiple notices under Section 264 of the Gujarat Provincial Municipal Corporation Act, declaring the building unsafe for human habitation and recommending immediate redevelopment.

While 11 of the 12 flat owners approved the redevelopment proposal, one member, Kailashben Dixit, owner of Flat D-3, withheld her consent. Despite being served with legal notices, she did not participate in the court proceedings. The society argued that internal disagreements should not obstruct a project supported by an overwhelming majority, particularly when the building’s structural condition posed a serious risk to residents.

In her order, Justice Bhatt observed that the requirements under Section 41A of the Gujarat Ownership Flats Act, 1973, had been fully complied with. The provision allows redevelopment of buildings more than 25 years old when at least 75% of members consent. With more than 90% approval, the court held the society’s decision to be lawful and binding on all members.

The court granted Dixit 10 weeks to hand over peaceful vacant possession of her flat. DeshGujarat