Building Razed, Redeveloper Booked For Property Damage, Real Estate News, ET RealEstate

September 29, 2023

AHMEDABAD: Three partners of a construction company have moved the Gujarat high court after they were accused of trespassing and damaging property when their company pulled down a building in Shastrinagar as part of a redevelopment scheme.

The FIR was lodged by a member of the housing society who had dissented to the redevelopment plan.

According to the case details, Art Nirman Ltd won a tender to redevelop a block of Nidhi Apartments in Shastrinagar after more than 75% of the society’s members consented to redevelopment.

According to a tripartite agreement involving the construction firm, Gujarat Housing Board (GHB) and the society, the builder is to provide 140% of the existing size of the flats after completing construction in three years. GHB issued notice to the members and the members vacated the houses accordingly.

When demolition of the building started, one member, Chandrakant Shah, approached the police and a civil court registering his protest against the redevelopment scheme because it provides for commercial units in the new plan.

At the builder’s objection, the civil court dismissed the suit. However, as the demolition continued, Shah lodged an FIR against the three partners of the company — Anil Thakkar, Jignesh Chauhan and Dipak Parmar — with Naranpura police on July 29. He accused them of demolishing his house without prior intimation to vacate the property either from Gujarat Housing Board or the builder, thus causing damage of Rs 1.75 crore because the furniture had not been removed from the house.

Shah said that since the demolition had begun and the builders were adamant, his family had felt threatened and moved to his son’s house a month ago.

On Shah’s complaint, the builders were booked under Sections 427, 447, 507 and 114 of IPC (for damaging property, criminal trespass, criminal intimidation and abetment).

The builders moved the HC through their advocate, Apurva Kapadia, contending that the demolition was carried out according to the tripartite agreement and they could not be booked by the police.

The HC is likely to hear the case soon.

  • Published On Sep 29, 2023 at 01:00 PM IST

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