Bombay high court paves way for Bandra society’s redevelopment

Bombay high court directed a garage owner to vacate the premises by September 30, failing which the court receiver will take forcible possession of the garage in the Bandra society

The Bombay high court (HC) has paved the way for redevelopment of a housing society at Bandra which was being stalled by a garage owner who wanted a commercial unit in lieu of the car parking space.

The developer of the Bandra society had moved the Bombay high court in 2019 after seven of the total 76 flat owners and five of the total 20 garage owners refused to vacate their respective premises for redevelopment of the society (HT File)

The division bench of justice SJ Kathawalla and justice Milind Jadhav on Thursday directed the garage owner, Rajesh Mishra and his family members, to vacate the premises by September 30, failing which the court receiver will take forcible possession – if necessary, with assistance of the local police – of the garage in Bandra Trilok Cooperative Housing Society.

The society’s developer, Shree Ahuja Properties, had moved HC in 2019 after seven of the 76 flat owners and five of the 20 garage owners refused to vacate their respective premises for redevelopment.

Acting on a plea filed by the developer in the suit, a single-judge bench on May 3 appointed a court receiver for Mishra’s garage for the purpose of getting it demolished for redevelopment. The judge also rejected the plea filed by Mishra for restraining the developer from interfering with their possession of the garage and for restoring water supply to the unit, which the society claimed was illegally converted into a commercial space.

The garage owners had moved in appeal against the judge’s order. The division bench on Thursday rejected the appeal. The bench noted that all other dissenting members had vacated their premises after the May 3 order and Mishra was the only member who had refused to vacate the garage.

The division bench rejected Mishra’s claim for a commercial unit in the redeveloped building. The bench observed that a garage is clearly meant to park vehicles.