Back
MAUNA M. BHATT
Gopinath Apartment Co Operative Housing Society Limited – Appellant
Versus
State Of Gujarat – Respondent
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 (
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.
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....
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....
A cooperative society can proceed with redevelopment if 75% of members consent, prioritizing safety and majority decisions over individual objections.
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....
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....
Members of a cooperative society must adhere to the society's decisions and bylaws, losing individual rights in favor of collective governance.
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 the Court's exercise of plenary jurisdiction under Article 142 of the Constitution of India to give quietus to the pending disputes and provide dir....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
