The Bombay High Court has directed seven members of a housing society to pay a total of Rs 5 lakhs if they do not vacate their flats within two weeks. These members’ refusal to leave their flats in the Taruvel CHSL building in Chakala, Andheri (East), has the potential to disrupt the building’s redevelopment. DEM Homes LLP filed a petition against these residents to resolve the dispute.
Justice Arif Doctor highlighted that the court is frequently inundated with cases where a minority of members obstruct redevelopment on frivolous grounds. According to a media report, a redevelopment agreement between the developer and Taruvel CHSL was signed in September 2023. The following month, a VJTI structural audit categorized the building as C1 – dilapidated.
In March this year, after receiving an intimation of disapproval, the developer requested residents to vacate their flats. While 76 out of 84 members complied, eight refused, prompting DEM Homes LLP to take legal action. Subsequently, one member vacated his flat.
Source: Prop News Time
The Bombay High Court’s decision to penalize non-compliant residents appears to favor developers, potentially prioritizing redevelopment over tenant rights. Such rulings may discourage valid tenant concerns, particularly in cases of redevelopment in buildings deemed unsafe. This highlights the need for balanced protections in housing disputes.