VAIBHAVI D. NANAVATI
Arnath Cooperative Housing Society Ltd. – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Mr. Bharat T. Rao, learned advocate appearing for the petitioner No.1- Society seeks permission to delete the present respondent no.5. Permission, as prayed for, is granted. The Registry is directed to delete the respondent no.5.
2. By way of the Civil Application (for Direction) No.1 of 2024 in the present petition, Mr. Bharat T. Rao, learned advocate prays that the present petitioner no.2 to be transposed as respondent no.6 in the main petition. This Court by even dated order, i.e. on 30.08.2024, allowed the said Civil Application.
3. Heard Mr. Bharat T. Rao, learned advocate appearing for the petitioner-society, Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondent Nos.1 and 3– State, Ms. Ritu R. Guru, learned advocate appearing for the respondent no.2 – Corporation, Mr. Kamlesh B. Patel, learned advocate appearing for the private respondent no.4 and Mr. Daxay Patel, learned advocate appearing for the private respondent no.6 – M/s. Suryam Developers (transposed from petitioner no.2).
4. Brief facts leading to the filing of the present Petition reads thus:
4.1. The petitioner herein is a registered cooperative society
Dwarka Nath versus Income Tax Officer
Binny Ltd. and Anr. versus V. Sadasivan and Others (2005) 6 SCC 657
A cooperative society can proceed with redevelopment if 75% of members consent, prioritizing safety and majority decisions over individual objections.
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 build....
The court upheld the validity of the redevelopment process under Section 41A of the Gujarat Ownership Flats Act, 1973, and directed the respondents to vacate their flats and hand over peaceful and va....
A co-operative society's decision for redevelopment, supported by majority consent, is binding on all members, and individual objections cannot impede the process if statutory conditions are satisfie....
Majority consent in cooperative societies is binding for redevelopment under Section 41A of the Gujarat Ownership Flats Act, enabling courts to enforce compliance despite minority objections.
Members of a cooperative society must adhere to the society's decisions and bylaws, losing individual rights in favor of collective governance.
1. Substantial compliance with statutory provisions for redevelopment of a building is sufficient to satisfy the requirements of the law.
2. A writ court has the jurisdiction to issue a writ of ma....
Society - Process of re-development of its building - Plaintiff has neither made out a prima-facie case nor could show as to how redevelopment, would cause loss to him nor could establish, re-develop....
The public interest in the redevelopment scheme and the lack of infringement of the petitioners' fundamental or legal rights were the main legal points established in the judgment.
The main legal point established in the judgment is that dissenting members of a cooperative society are bound by the decisions of the general body, and the court has the authority to order mandatory....
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