HC clears hurdles for Malad housing society’s redevelopment

The Bombay high court has dismissed a petition filed by six people challenging the redevelopment of a housing society in Malad West. The court ruled that the minority members cannot stall the project when the majority have agreed to it and vacated their premises. The petitioners were concerned about the relocation of their shops. The court also stated that there is no legal provision to allow a partial demolition of a dangerous building.

The Bombay high court has dismissed a petition filed by six people who have challenged the redevelopment of a housing society in Malad West and wanted to retain the eight shops they own on the ground floors in two wings of the building.

Mumbai, India - Aug 01, 2023 : Ganga CHS near Mint Chowky, Link Road malad West, in Mumbai, India, Tuesday, Aug 01, 2023. (Photo by Vijay Bate/HT Photo)

“The petitioners are less than 10% of the total members of the housing society. Hence, being the minority, they will have no right to hold up a redevelopment project when the majority have agreed for it and have vacated their premises,” a division bench of justice Sunil Shukre and justice Rajesh Patil said during a hearing last week.

The six had moved the high court questioning a notice issued by P/North ward of the Brihanmumbai Municipal Corporation (BMC) for the building’s demolition. Their plea sought orders to the civic body to pull down only first to fourth floors of F and G wings of Malad Ganga cooperative housing society and spare their shops on the ground floors.

The petitioners argued that they were not opposed to the redevelopment per se but were worried about relocation of their commercial premises: whether they would be at the same place and whether they (shop owners) would get the same area.

“Therefore, minority members cannot stall a redevelopment project on the pretext that they are shop owners. They have also demanded that it be first decided as to what the location of their shops would be after redevelopment,” the lawyer representing the society said and added that one of the owners holds a wine shop licence.

The BMC submitted that the notice under section 353A of the Mumbai Municipal Corporation Act, 1888, was issued to the housing society after its technical advisory committee declared the building dilapidated and dangerous, categorising it in C-1 category. “There was no option but to demolish the building.”

The HC bench accepted the arguments put forward by the housing society and the civic body. The bench also took into consideration that there was no legal provision to allow a partial demolition of a dangerous building.

“Once a building is declared a C-1 category building (a dangerous structure to be evacuated), then the entire structure needs to be demolished. We are doubtful if a partial demolition of a building is permitted in law or not, and in this case no permission of law has been referred to us, which permits such half-hearted action,” the HC said.