MUMBAI: The Bombay High Court, noting that an obstructive attitude can hinder redevelopment, has directed the minority residents of four deteriorating buildings in Vasai West to vacate their apartments for demolition. An extension of 15 days was granted to 11 members due to the Ganpati festival. Justices Girish Kulkarni and Manjusha Deshpande emphasized on August 21, “These members must cooperate by vacating their units for the demolition.”
Petitions were submitted by Pushpanjali CHSL and Deepanjali CHSL regarding their buildings located at Diwan and Sons Housing Enclave on Ambadi Road, which were declared dangerous by the Vasai Virar Municipal Corporation (VVMC) on February 28 and categorized as CI. Due to disputes arising from various structural audit reports, VVMC escalated the issue to a technical advisory committee. On June 27, the TAC affirmed the CI classification. VVMC subsequently issued vacate notices on July 1.
The judges highlighted that approximately 90% of the 113 members supported redevelopment and had selected a developer, while the 11 dissenting members were obstructing the demolition. Advocate Abhijit Kulkarni for the societies claimed that these minority members lack the legal right to jeopardize the safety of others and delay the redevelopment process.
Further, the judges noted that this position is reinforced by previous High Court decisions, asserting that minority members cannot impede redevelopment efforts.
Advocate Kaustubh Patil, representing the minority, acknowledged the dangerous condition of the buildings but indicated they would be raising certain concerns regarding redevelopment. The judges clarified that while these members may assert their rights, it should not translate into obstruction of the redevelopment. VVMC’s advocate, Swati Sagvekar, stated that police protection may be needed given the non-cooperative stance of certain members.
Patil requested additional time to vacate due to the Ganesh festival. The judges agreed but stipulated that the 11 members must provide an assurance to vacate unconditionally and not oppose the demolition thereafter. If they fail to comply, VVMC may utilize police protection to vacate and demolish the buildings.
