Refuse to vacate flat for redevelopment, pay Rs 5 lakh to housing society

Maintaining that a single person cannot take the housing society to ransom, the HC directed the member to vacate the flat within two weeks, failing which, the court receiver would take forcible possession of the house to handover it to the developer or the society.

Publication : Indian Express | Omkar Gokhale | 7 May 2022

Residents creating hurdles for redevelopment of a building, which is deemed unsafe for habitation and which has the approval of the majority of other residents, will now face dire consequences, including immediate eviction and a steep penalty.

Justice Gautam Patel in his order stated that, "The next time a similar matter is received, the court will first order immediate eviction of the dissenting member — vacating that very day, or at best the next — and then issue an order of costs, keeping in mind the costs incurred by the society, the loss to other society members, and the actual loss suffered by the developer on account of the delay occasioned by such members"
Despite of opponents have not signed the Development Agreement, "there is inherent evidence in the agreement itself that the benefits of the agreement inure to all 14 members" and development agreement is signed by the society. Hence the same shall be binding to all members including the opponents.

Publication : Times of India | Rosy Sequeira | 23 March 2021

Triparty agreement between MHADA- Society and Developer must for the MHADA Redevelopment projects.

Citing the reason of inability to intervene in the stalled redevelopment project, Maharashtra state Government has made it compulsory to execute tri-party agreement between MHADA- Society and Developers for new redevelopment projects

Publication : Times of India | Clara Lewis | 17 March 2021