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4 Andheri flat owners face Bombay High Court ire

The society had in 2004 passed a Special General Body Resolution unanimously resolving to appoint a developer. On October 4, 2005, the MCGM declared the building dilapidated. Of the 32 members, 28 have moved out or given approval for redevelopment of the society.

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The Bombay High Court last week appointed a court receiver to take over possession of four flats located in an over 50-year-old dilapidated building located at Azad Nagar in Andheri West, as they were holding up redevelopment of the society. The court likened the delay as nothing but 'blackmail' by the four occupants who were not giving their consent.

Justice Gautam Patel directed the occupants to vacate the flats and offer possession to the court receiver by March 10. It ordered the court receiver to forcibly take possession on March 11 if the flats were not handed over. He said: "All may perish. But these four — all honest and honourable — must be heard. That the building itself, should it collapse, may endanger the public and that there is an even wider interest is also immaterial. So much for honesty. So much for honour. So much for being law-abiding. This is blackmail. There is no other word for it."

The court granted interim relief while hearing a plea filed by Pratham Varadvinayak Developers, who had been appointed to redevelop the Shiv Sagar Cooperative housing society.

The court said "They (four occupants) feel mighty proud and pleased by all of this. Even if they lose, what is it they really lose? Nothing at all. They will get their flats, their additional areas, their transit accommodation and their contribution and share of money. A more unfair and inequitable approach is hard to conceive and I see no reason why parties like this should receive slightest indulgence from a court, especially a court of equity."

The four occupants were opposing the redevelopment and thereby endangering the lives of people. Among their main contentions were appointment of another developer, and the developer not obtaining required permissions from the authorities. However, the developer submitted the IOD certificate received up to the plinth level. Following this the court said: "For these persons, courts are always a playground in which they engage their idle fancies and fantasies about what is and what is not legal, right and proper. Nothing they have or say puts them above the law. It only makes them, one and all, outlaws. These are redevelopment vigilantes. There is no space in any courtroom for them."

The society had in 2004 passed a Special General Body Resolution unanimously resolving to appoint a developer. On October 4, 2005, the MCGM declared the building dilapidated. Of the 32 members, 28 have moved out or given approval for redevelopment of the society.

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