AHMEDABAD: The Gujarat High Court has put a stop to the construction of a ten-storey building in Vadodara, ruling that it was built without the necessary No Objection Certificate (NOC) from the cooperative housing society and violated its bylaws, despite the approval granted by civic authorities.
The controversy involves the 60-year-old Alka Co-operative Housing Society Ltd, where owners of four plots began construction in 2024 after receiving a development permit from the Vadodara Municipal Corporation (VMC). The society raised objections, asserting that the construction encroached on its road and breached bylaws that designated plots for residential use only.
The society filed a lawsuit in Vadodara’s civil court, seeking an injunction against the construction that had just begun. However, the local courts declined to provide any relief.
Subsequently, the society appealed to the high court for a stay on construction.
During the proceedings, the society’s lawyer, Sharvil Majmudar, pointed out that even though VMC issued revised development permission in October 2022, the construction was still in breach of society bylaws and proceeded without the required permission from the society. He noted that VMC’s own development permission included a stipulation for obtaining an NOC from the society.
The four plot owners responded by referencing a resolution from 1980 that permitted them to construct as they wished, claiming that the society could no longer object. They also highlighted VMC’s development permission as support for their stance.
VMC maintained that the conflict lies between the society and its members, affirming that its development permission adhered to the General Development Control Regulations (GDCR). However, it confirmed the requirement for an NOC from the society before construction could proceed.
After hearing the arguments, Justice Niral Mehta emphasized the condition outlined in the development permission, stating, “The ongoing construction is effectively being carried out without valid development permission and, therefore, cannot continue while the suit is pending.”
The high court further remarked, “It is clear that any construction within a cooperative housing society must strictly adhere to the governing bylaws and must be preceded by obtaining the necessary permissions or consent from the society.”
