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2021 Supreme(Bom) 898

G.S.PATEL
Chirag Infra Projects Pvt. Ltd. – Appellant
Versus
Vijay Jwala Coop Hsg Soc Ltd – Respondent


Advocates appeared:
Amogh A Singh, Advocate, Bhavin R Bhatia, Advocate, Rohit Yadav, Advocate, Moksha M Doshi, Advocate, Amol Joshi, Advocate, Vinod Rane, Advocate, Rane & Co, Advocate, Divya B Parmar, Advocate

JUDGMENT

G S Patel, J. - This is the usual story of a solitary member of a society obstructing the redevelopment of the society building. It does not matter to this member that the building is in a dilapidated condition unfit for human habitation. It does not matter to him that the building has been declared as such by the Planning Authority and categorized as a 'C1' building. It does not matter to that dissenting member that the building now poses a risk to all occupants - including the dissenting himself - and, in addition, others in the vicinity. It also does not seem to matter to this member that his actions come at the very real cost of other member of the society, all 19 of whom have vacated their premises as far back as in November 2018.

2. As we shall presently see, the facts behind the 2nd Respondent's persistent obstruction for the last six years are beyond shocking. The 2nd Respondent imagines that it is only he who can tell right from wrong, that it is only he who knows what is good for all, and that he is entitled without any assumption of liability to continually obstruct this redevelopment, put his fellow members at risk and continue in this fashion. The 2nd Respondent

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