Miniscule minority can’t be allowed to delay building redevelopment: HC

MUMBAI

The Bombay high court (HC) recently reiterated that a “minuscule minority” cannot be allowed to delay redevelopment of a dilapidated building of a co-operative housing society in Malad, and put the lives of other members at risk.

The division bench of justice SJ Kathawalla and justice BP Colabawalla dismissed the petition filed by five members of Modern Usha Co-operative Housing Society at Malad (West), seeking to refer the issue of structural stability of the dilapidated building of the society to the technical advisory committee of the Brihanmumbai Municipal Corporation (BMC) before its redevelopment was undertaken.

The minority group – five of the total 250 members of the society – had challenged the grant of a no-objection certificate (NOC) by the deputy registrar of co-operative societies for the redevelopment of the dilapidated structure, but failed in appeal, revision and in a writ petition before the HC as well.

“A miniscule minority of five of 250 members of the society like the petitioners, cannot be allowed to delay the process of redevelopment and put the lives of other members as well as the persons using the area around the said building to risk,” the bench said and dismissed the petition.

The deputy director of co-operative societies had on August 2014 granted his no-objection certificate for redevelopment of the building of Modern Usha Co-operative Housing Society, and the minority group had failed in a five-year-long legal battle earlier.

“We are convinced that the petitioners, on one pretext or the other, are only delaying the process of redevelopment of the society building, which according to the corporation [BMC] and other authorities falls in C-1 category, meaning, thereby that the building is in dilapidated condition and needs to be forthwith demolished,” said the bench.