A cooperative society's resolutions regarding redevelopment require majority consent, which prevails over minority objections; judicial review is limited to errors of law or process.

JUDGMENT :

1. It is mentioned during the course of arguments that the petitioner no.1 has shown willingness to withdraw this petition vide communication dated 18.4.2024 and the same has been forwarded with forwarding letter of the advocate-on-record to registry of this Court. Permission as prayed for is granted. This petition is disposed of as withdrawn. Therefore, now the petition is pending qua petitioner no.2 only.

2. This petition is filed for the following prayers:

“(A) The Hon’ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside Rajachitthi (Commencement Letter) dated 21.06.2022 bearing No.06450/110522/A6084/RO/M1 as well as impugned order dated 4.5.2022 passed by Respondent No.2 Corporation, at Annexure-A Colly to this petition.

(B) Pending hearing and final disposal of the petition, the Hon’ble Court may be pleased to stay the Operation, Execution and Implementation of Rajachitthi (Commencement Letter) Dated 21.06.2022 bearing No. 06450/110522/A6084/RO/ M1 by Respondent No.2 Corporation, at Annexure-A colly to this petition.

(C) xxxxx”

3. The brief facts leading to filing of this petition, as stated in the memo of the petition are such that the petitioners are the owners and occupiers of the flat no.B/4 and I/2 of the New Ashiyana Apartment floated within New Ashiyana Cooperative Housing Society Limited admeasuring about 3634 sq.mtrs of old tenure of sub plot no.2, final plot no.511 and TPS No.28 (nava wadaj); that the respondent no.4 society is a registered society under the Gujarat Cooperative Societies Act and total 66 flats are constructed and the petitioners are members of the respondent no.4-society; that due to the difference of opinion of some of the members with regard to redevelopment and/or new construction, the present dispute arise and as of now, majority of the flats have been pulled down and to construct a new building, respondent no.4 society has put forward the proposal for passing of plans on behalf of the builder and/or developer in the year 2019, and this very fact is reflecting in the order in the submission of the builder/developer; that on 16.12.2020, certain members have objected to the said proposal and by order dated 16.12.2020, the respondent no.3-corporation has rejected the stand of the society and builder/developer, and accepted the objections of the members; that once again the proposal has been put for the development permission over the said land, but this time, the respondent no.4-society has asked for the same; that the other members and petitioners have submitted objection application dated 21.5.2021 against the granting of development permission and the respondent no.3 has not considered the objection application of the petitioners nor the petitioners were given opportunity of being heard and has passed order rejecting the objection applications preferred by other members vide order dated 8.7.2021; that being aggrieved by the said order, the petitioners challenged the same by way of Special Civil Application No.12970 of 2021 wherein notice was issued vide order dated 14.9.2021; by way of affidavit-in-reply dated 26.11.2021, it was stated that the impugned order dated 8.7.2021 was cancelled by respondent no.2-corporation and hence petition was disposed of as having become infructuous; that the petitioners and other