IMPORTANT POINT
The court upheld the validity of the redevelopment project under Section 41A of the Gujarat Ownership Flats Act, 1973, based on the majority consent of the members, dilapidated condition of the buildings, and larger public interest.

JUDGMENT :

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

“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 nos. 2 to 4 of 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 instead of taking appropriate steps to have these dangerous structures 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 notices dated 11.9.2018, 6.6.2019 and 19.5.2021 issued by the respondent nos. 2 to 4 to the extent that such notices seek to direct the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structures of the petitioner no. 1 society instead of taking appropriate steps to have these dangerous structures vacated / evicted and demolished.

(iii) Directing the respondent nos. 2 to 4 to take appropriate steps for vacating/evicting and demolishing the dangerous and dilapidated structures 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.

7A(1) This Hon'ble Court be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction directing the respondent nos. 6 to 9 to vacate their respective flats in the petitioner no. 1 society and hand over the peaceful and vacant possession thereof for the purpose of redevelopment as per Section 41A of the Gujarat Ownership Flats Act, 1973 and to cooperate in the redevelopment of the petitioner no. 1 society and to not create hindrances or obstructions to the same whatsoever.

7A(2) Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to direct the respondent nos. 6 to 9 to vacate their respective flats in the petitioner no. 1 society and hand over the peaceful and vacant possession thereof for the purpose of redevelopment as per Section 41A of the Gujarat Ownership Flats Act, 1973 and to cooperate in the redevelopment of the petitioner no. 1 society and to not create hindrances or obstructions to the same whatsoever.

B. 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 nos. 2 to 4's directions, as contained in the notices dated 11.9.2018, 6.6.2019 and 19.5.2021, 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 and be further pleased to direct the respondent nos. 2 to 4 to take appropriate steps for getting the dangerous and dilapidated structures of the respondent no. 1 society vacated/evicted and demolished in exercise of powers and duties under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949.

C. Ex parte ad-interim relief in terms of prayer B hereinabove be granted.

D. 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 having registration No.B-2369 of 1959 and has total 18 members. The petitioner society is the owner of land admeasuring 2003 sq. mt. bearing Final Plot No.13 + 15/7 + 8 of Town Planning Scheme No.3 of Village : Usma