IMPORTANT POINT
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.

JUDGMENT :

Mauna M. Bhatt, J.

ORDER IN CIVIL APPLICATION No.2 of 2024

This application is filed by the Petitioner seeking amendment in the prayer clause and also to bring on record certain additional documents.

It is case of the applicant that in view of subsequent development during pendency of this petition, the amendment sought for is necessary. Further, the amendment prayed does not change the nature of pending proceedings.

Considering the submissions and averments made in the application, the amendment sought for is allowed as it does not change the nature of the petition. The applicant is directed to carry out the amendment forthwith.

Civil Application is allowed and disposed of accordingly.

ORDER IN SPECIAL CIVIL APPLICATION

1. This petition is filed seeking to direct respondent No.2 (Ahmedabad Municipal Corporation) to take action under Sections 264 and 268 of the Gujarat Provincial Municipal Corporation Act (GPMC Act). It is the case of petitioner-society that it owns the land and structure thereon situated at Final Plot No.125 admeasuring 3271 sq.mtrs of land (Old Survey No.76+92), Non Agricultural land of Town Planning Scheme No.26, Mouje Vasna, Taluka Sabarmati, Ahmedabad -4 (Paldi), District Ahmedabad, and that, the construction is in a dilapidated condition which requires to be redeveloped and for that, peaceful and vacant possession from all members is required. Directions against respondent Nos.1 and 2 are also sought to aid and ensure to hand over peaceful and vacant possession of the subject premises from respondent Nos.4 to 15 for redevelopment as per Section 41A of the Gujarat Ownership Flats Act, 1973.

Brief Facts:

2. The petitioner No.1 herein is a Co-operative Society (herein after referred as ‘the Society’) registered under the provisions of the Gujarat Co-operative Societies Act, 1961 having registration No.4945 with the certificate dated 12.07.1973. The said society is represented through its Chairman and Secretary in the present petition. The society is owner of the land bearing Final Plot No.124 admeasuring 3271 Sq.mtrs. (Old Survey no.76 + 92), Non-agricultural land of TP Scheme No.26, Mouje Vasna, Taluka: Sabarmati, District: Ahmedabad. The society consists of total 54 flats which are 40 years old, which are in a dilapidated condition. To ascertain the condition of the flats in question, the society had availed expert’s opinion in the form of structural stability certificate wherein, the building is stated to be unsafe to human life and requires demolition and rebuilding. Structural Stability Certificate dated 17.11.2020 along with photographs is forming part of record at Annexure-B (page 31 to 34).

2.1. In view of dilapidated condition of the society, Resolution No. 2018/01, dated 12.05.2018 (Annexure C page 35) was passed by which a decision with consent of all members was taken to redevelop the Society and accordingly under very Resolution dated 12.05.2018, a committee comprising of 15 members was constituted to act for re-development of society. The members present in the meeting have signed the resolution. Thereafter, one more resolution No. 2019/01 dated 21.03. 2019 was passed wherein 15 members re-development committee was reduced to 9 members. Accordingly, Society’s general meeting was decided to be held on 08.10.2019 (Annexure-D2 page 40), to discuss and decide the issues (including the offers received by various developers) in relation to re-development. Minutes of the meeting dated 08.10.2019 were drawn and signed by members present. Thereafter, in AGM dated 10.03.2020 (Annexure-D4 page 50) a decision was taken by more than 75% of members to give work of redevelopment to respondent No.3. Circular letter dated 11.11.2020 (Annexure-D4 page 57) was issued. Vide circular letter dated11.11.2020 all members were informed to remain present in the meeting to be held with developer (respondent No.-3). It is case of the Society that detailed discussion was held, various issues were discussed, queries of th