IMPORTANT POINT
The decision established that objections from individual members should not stall the redevelopment process initiated by the majority consent of a co-operative society, provided the society complies with the legal requirements for redevelopment.

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioners herein have prayed for the following reliefs:

“7. In the aforesaid premises, the petitioners pray as under:

A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction:

(i) Holding and declaring that the action of the respondent authorities of directing the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structure of the petitioner no. 1 society instead of taking appropriate steps to have the dangerous structure vacated/evicted and demolished, is without any application of mind, unconstitutional, unreasonable, irrational, unjustified, and amounts to a refusal to perform their duty under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949 and is in clear disregard and contravention of the provisions of the Gujarat Ownership Flats Act, 1973.

(ii) Quashing and setting aside the notice dated 3.6.2022 issued by the respondent authorities to the extent that it seeks to direct the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structure of the petitioner no. 1 society instead of taking appropriate steps to have the dangerous structure vacated/ evicted and demolished.

B. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent no. 6 to vacate his Flat No. A/1 in the petitioner society within such period as this Hon'ble Court considers appropriate, and further directing that if the respondent no. 6 fails to do so, the respondent nos. 2 to 4 authorities are to take appropriate steps for vacating/evicting the respondent no. 6 and demolishing the dangerous and dilapidated structure of the petitioner no. 1 society in terms of and in exercise of powers and duties under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949.

C. Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court may be pleased to stay and suspend the operation and implementation of the respondent authorities' direction, as contained in the notice dated 3.6.2022, directing the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structures of the petitioner no. 1 society.

D. Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court may be pleased to direct the respondent no. 6 to vacate his Flat No. A/1 in the petitioner society within such period as this Hon'ble Court considers appropriate, and further direct that if the respondent no. 6 fails to do so, the respondent nos. 2 to 4 authorities are to take appropriate steps for vacating/ evicting the respondent no. 6 and demolishing the dangerous and dilapidated structure of the petitioner no. 1 society in terms of and in exercise of powers and duties under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949.

E. Ex parte ad interim relief in terms of prayers C and D hereinabove be granted.

F. Such other and further reliefs as may be deemed fit in the facts of the present case may be granted.”

2. The petitioner No. 1 is a co-operative housing society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 vide registration No. GH 7007 dated 23.03.1978 and is the owner of land admeasuring 1000 sq. mt. in Final Plot No.117 paiki in T.P. Scheme No.19 in Mouje : Sheikpur-Khanpur, Ahmedabad – 3 (Memnagar Vibhag), Taluka : Sabarmati, District: Ahmedabad. The aforesaid is situated near Navrang Six Road, Naranpura, Ahmedabad. In 1978, a residential structure comprising of total 12 residential apartments (3 A type flats each admeasuring 175 sq. yd. Super built up area, 3 B type flats each admeasuring 126 sq. yd. Super built