Unsafe Buildings Must Be Vacated For Redevelopment, Says Bombay High Court

September 1, 2025: The Bombay High Court has directed 11 occupants of four dilapidated residential blocks in Vasai West to vacate their flats within a fortnight, clearing the way for demolition and redevelopment.

The buildings, part of Diwan and Sons Housing Enclave on Ambadi Road under Pushpanjali CHSL and Deepanjali CHSL, had previously been declared dangerous by the Vasai Virar Municipal Corporation (VVMC). Conflicting structural assessments had delayed action, but a technical advisory committee confirmed the structures were unsafe, prompting official vacate notices.

Out of 113 households, approximately 90 per cent had already agreed to redevelopment and appointed a developer for the project. However, 11 residents resisted the plan. The court observed that while minority members are entitled to voice concerns, they cannot jeopardise the safety of the majority or obstruct redevelopment once consent has been secured from most residents. Judges further clarified that any objections should be pursued through proper legal channels rather than by blocking the process.

Taking into account the timing of the Ganpati festival, the bench allowed a short extension on condition that the dissenting members submit undertakings to vacate voluntarily and refrain from disrupting the demolition. Should they fail to comply, VVMC has been authorised to carry out eviction with police assistance.

By granting a limited festival-related reprieve, the court acknowledged cultural sensitivities but emphasised that redevelopment cannot be stalled indefinitely due to objections from a small group. The ruling underscores the principle that once a clear majority has given approval, redevelopment must proceed with the backing of legal and administrative authorities to safeguard the wider interests of residents.

Source: Prop Time News

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