Redevelop if most housing society members agree: Bombay HC
Hindustan TimesDecision to redevelop a property is a collective decision of the majority members of the cooperative housing society and the dissenting minority members cannot question it, unless it is fraudulent and smacks of mala fides, the Bombay high court said while paving the way for redevelopment of a dilapidated cooperative housing society building at Chembur. The Bombay high court said dissenting minority members are bound by the decision of the majority in a co-operative society. Justice SJ Kathawalla has appointed a court receiver to, if needed, forcibly take possession of flats in of Subhash Nagar Rajeshwari Cooperative Housing Society from seven non-cooperating members and hand them over to the developer. The developer had approached high court after seven members of the housing society refused to vacate their flats to not let the developer revamp the building, although 26 of the total 36 members had vacated their flats a year back and shifted to transit tenements.
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