Hc Rejects Dissenting Members’ Appeal In Redevelopment Row, Real Estate News, ET RealEstate

September 30, 2023

AHMEDABAD: A division bench of the Gujarat high court on Friday dismissed an appeal by members of Gujarat Housing Board’s (GHB) Anand Vihar Society on 132-foot Ring Road who were against its redevelopment.

Eleven of the 132 members of the society having 11 buildings had challenged a single-judge bench’s September 18, 2022, order which had paved the way for the redevelopment process initiated in 2018. A majority of the members had agreed for redevelopment of the 40-year-old buildings but some residents, mainly owning ground floor flats raised objections.

After the single-judge’s order, Siddhi Developers and Builders issued eviction notices to people reluctant to vacate the premises.

This action led dissenting members to approach the division bench.

In January, a woman had filed an appeal against the redeveloper’s bid to demolish the society following which the bench headed by the chief justice stayed demolition of the building in which the appellant woman’s house was situated. She along with 10 others later agreed to the redevelopment scheme and the high court disposed their appeals on September 12.

Another resident, Girishbhai Darji, however, did not agree to the plan and his appeal was decided on merit and dismissed by the bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee.

The issue had reached the high court in 2020 because some members of the society refused to vacate their homes and were issued three notices by GHB.

Before the HC, the majority members cited the law that redevelopment of a society cannot be stalled if more than 75% members have consented.

In this case, there were 82% members in favour of the redevelopment.

  • Published On Sep 30, 2023 at 02:00 PM IST

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