Redevelopment naysayers’ plea struck down by Bombay high court

The Bombay high court dismissed a petition filed by eight members of a Goregaon (West) chawl against the redevelopment of their property. The court said that eight members cannot hold up the redevelopment project as 24 members had already shifted out in 2007.

Justice SC Dharmadhikari dismissed the petition filed by Kiran Baburao Vanjari challenging the redevelopment of Goregaon Unnati CHS Ltd by SD Corporation. The petitioners demanded a bigger place in exchange for their property.

In 2000, three of the seven chawls agreed to redevelop at their own expense. The remaining chawls came together for redevelopment and floated tenders. The conditions were that the developer should provide 900sq ft carpet area plus all 32 members would be entitled to corpus fund of Rs10lakh each. Also a transit accommodation would have to be made available.The Mhada granted them the NOC in November 2006.

Vanjari and seven others challenged the redevelopment scheme before the Co-operative Court under the Maharashtra Co-operative Societies Act, 1961. They contended that they should get area which was being used by the 24 members who had constructed row houses.

Counsels for the consenting society members — senior counsels Aspi Chenoy and Pravin Samdani and advocate Viraj Maniar — argued that this was not reasonable since the 24 members had constructed the row houses at their own expense.

The high court has stayed the order to allow the dissenting members to approach the Supreme Court.