The Bombay High Court has allowed a long-pending redevelopment project in Wadala to move forward, rejecting a plea by a developer that sought to block the housing society from appointing a new builder. The ruling effectively ends a 13-year delay for residents of Sahakarnagar Cooperative Housing Society.
The case was heard by a single-judge bench of Justice Sandeep Marne, who observed that residents have been living in ageing and dilapidated buildings constructed in 1957. The society comprises 46 buildings, 826 flats, and 43 commercial units spread over 40,520 sq m.
In its order, the court dismissed a petition filed by Pioneer Constructions, which had sought to prevent the society from entering into a redevelopment agreement with a new developer. The society had originally appointed Pioneer in 2013 but decided to replace it due to prolonged inaction. It has since moved to finalise a deal with M/s Sugee Developers.
Justice Marne noted that the developer had failed to make any meaningful progress over more than a decade. “He (Pioneer) has not moved even a single brick. Prima facie, it appears that the project is being used by the petitioner only as a business venture with no intention of even commencing the project,” the court observed.
Rejecting arguments around the absence of a termination clause, the judge stated, “Where the developer fails to complete the redevelopment project or delays it indefinitely, I do not see any difficulty why the society cannot terminate the development agreement and get the redevelopment project implemented through another developer.”
The court held that the residents’ right to safer housing outweighed the developer’s commercial interests. It also appointed advocate Amrut Joshi as the sole arbitrator to resolve disputes between the parties, clearing the way for redevelopment to finally proceed.
Source: Hindustan Times
