Minority members (less than 10%) of the society have no right to hold up re-development of dilapidated buildings

Corporation categorised buildings of society as “C-1” and gave notice for demolition – minority members have no right to hold up redevelopment

Judgment dated 27.7.2023 of the High Court of Bombay

Five out of seven buildings of the Malad Ganga Cooperative Housing Society were demolished for re-development. Moreover, 30 members of two buildings F and G had also vacated.  

However,  8 shop keepers / offices (out of 13 shop owners) situated on ground floor of two buildings F and G (consisting of 43 members) have filed the writ petition.

According to the petitioners, although the Corporation has classified the  said buildings as C-1 category (dangerous structure to be evacuated) as per its structural audit report, the structural auditor of the petitioners, on inspection of the buildings, gave report dated 30.7.2022 that they can be repaired and there is no need to demolish.

HELD that the report of the Corporation shall prevail, audit report of the petitioners was only in respect of ground floor, the rights of members are governed through the society and any independent rights qua the society are to be agitated before another forum and the petitioners being minority members (less than 10%) have no right to hold up redevelopment

ESS Infrapoject Pvt Ltd and others Vs. Municipal Corporation of Greater Mumbai and others –  Writ Petition (L) No.26935 of 2022