The court upheld the validity of redevelopment processes of co-operative housing societies, emphasizing majority consent and the necessity of addressing safety concerns over minority objections.

JUDGMENT :

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

“A. YOUR LORDSHIPS may be pleased to admit and allow this Petition;

B. YOUR LORDSHIPS may be pleased to issue writ of Mandamus or any other appropriate writs, direction or order to the Respondent No. 1-Ahmedabad Municipal Corporation to execute and implement notices issued under Section 264 (1) Gujarat Provincial Municipal Corporations, 1949 (Annexure-A Collectively) as well as further be pleased to issue appropriate orders against Respondents to vacate their respective flats/units situated in Petitioner Society and also to handover peaceful possession to Respondent No.2- Developer for commencement of project of Redevelopment in the interest of justice;

C. YOUR LORDSHIPS may be pleased to issue appropriate writ, order and/or directions to the Respondent No. 1 for implementation and execution of the Scheme for Redevelopment of Petitioner Society as awarded in favour of the Respondent No.2-Developers in the interest of justice;

D. YOUR LORDSHIPS may be pleased to direct the Respondent No.2 to initiate proceedings under Sections 260 and 268 of the Gujarat Provincial Municipal Corporation Act, 1949 against those Respondents who have not only made illegal construction but are also running unauthorised commercial business in residential premises without any prior authorization;

E. Pending admission, hearing and final disposal of petition YOUR LORDSHIPS may be pleased to direct the Respondent No. 1 to initiate the actions against the Private Respondents vacating the premises and/or their respective units and further may be pleased to direct the Private Respondents to not to obstruct the process of Redevelopment project of Petitioner Society as granted in favour of Respondent No.2- Developer situated at Survey No.6, Moje Village: Vasana, Ahmedabad District in the interest of justice;

F. Your Lordships may be pleased to pass such other and further orders necessary in the interest of justice.”

2. The petitioner is a co-operative housing society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 vide registration No.10806/1984 dated 03.08.1984. The petitioner society purchased the land bearing the Town Planning Scheme No.26, Final Plot No.280, Survey No.6 situated at Mouje : village Vasana, Ahmedabad by way of registered sale deed dated 06.04.1985 and further, the necessary permissions for building construction was granted by the competent authority. The building use permission has been granted 25.10.1985. The petitioner society is known as “the Shilpalaya Co-operative Housing Society Limited’.

2.1 The construction of the flats is more than 30 years old and the towers situated in the petitioner society have severely damaged and further in need of renovation work since 2014. Thus, it was decided in the meeting held by the majority members of the petitioner society to proceed for redevelopment of the society by some recognized and experienced Developer as early as possible so that no introvert incident takes place in future.

2.2 On 24.06.2014, the petitioner society issued a