Bombay HC Orders Seven Members in Way of Society Redevelopment to Vacate or Pay Rs 5 Lakh

Bombay HC Orders Seven Members in Way of Society Redevelopment to Vacate or Pay Rs 5 Lakh

Bombay HC Orders Seven Members in Way of Society Redevelopment to Vacate or Pay Rs 5 Lakh

Observing that their conduct has jeopardized the entire redevelopment, the Bombay High Court recently ordered seven members of a housing society to either vacate their flats in Chakala, Andheri (East), within two weeks or pay Rs 5 lakh in costs. Justice Arif Doctor noted that such minority members often attempt to hinder redevelopment on frivolous grounds. DEM Homes LLP had filed a commercial arbitration petition regarding the dispute with the dissenting members.

In September 2023, a redevelopment agreement was made between the developer and Taruvel CHSL. A VJTI structural audit in October 2023 categorized the building as dilapidated. Despite obtaining an IOD (intimation of disapproval) and requesting residents to vacate, seven members refused, leading to the developer's high court petition. Advocates Sarosh Bharucha and Jay Vakil argued that the delay caused financial hardship, including compensation, rent, and other expenses.

Advocates Narayan Bubna and Pooja Malik, representing three members, claimed the developer was not fulfilling its obligations. However, Justice Doctor clarified that the agreement would be executed with the dissenting members, treating them equally. He ordered Rs 5 lakh in costs if the seven members do not vacate within two weeks. The costs would be shared equally between the developer and members who vacated. If unpaid, the developer and CHSL could recover it as arrears of land revenue.
About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

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