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HIGH COURT OF GUJARAT
HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE BIREN VAISHNAV, ACJ, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, J
KIRIT LALITBHAI PATEL – Appellant
Versus
MINITA COOPERATIVE HOUSING SOCIETY LIMITED – Respondent
ORDER :
BIREN VAISHNAV, A.C.J.
1. This appeal, under Clause 15 of the Letters Patent, has been filed against the oral judgement and order dated 26.09.2024 passed by the learned Single Judge in the captioned writ petition. The appeal is at the hands of the original respondents no. 7 & 8 – occupants of the original petitioner society.
1.1 The respondent no. 1 society had filed the aforesaid petition with a prayer that the respondent Municipal Corporation be directed to permit the society to repair and secure the dilapidated dangerous structure of society. Also was under challenge a notice dated 28.04.2022 by which the respondent authorities directed the society and its members to repair the structure.
2. It was the case of the society that by Resolution dated 30.01.2022, 32 out of 36 members/flat owners i.e. 89% of the society had agreed for redevelopment and signed a Memorandum of Understanding with respondent no. 5 in the petition. Having agreed to redevelopment at the instance of the members, in accordance with Section 41A of the Gujarat Ownership Flats Act, 1973 (for short ‘the Act’), the prescribed minimum required for consent of redevelopment it was the case of the petitioner soci
The amended rules of the Gujarat Ownership Flats Act do not apply retrospectively, and members who participated in redevelopment cannot later object on procedural grounds.
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....
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....
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.
A cooperative society can proceed with redevelopment if 75% of members consent, prioritizing safety and majority decisions over individual objections.
Members of a cooperative society must adhere to the society's decisions and bylaws, losing individual rights in favor of collective governance.
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....
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