AHMEDABAD: The Gujarat High Court has levied a fine of ₹1 lakh on dissenting members of Surya Apartments-2 for attempting to obstruct its redevelopment via litigation, which led the court to label their actions as creating an “artificial emergency” for an expedited hearing.
Surya Apartments-2, constructed in 1987 by the Gujarat Housing Board on Sola Road, Ahmedabad, has 132 flat owners, of which 110 consented to the redevelopment, meeting the necessary legal requirements. The GHB, a co-lease owner, also supported the project in 2022.
However, 34 dissenting members contested this decision in civil court, which on September 2 declined to halt the redevelopment. Subsequently, they approached the high court on September 15 for an urgent hearing.
After a thorough hearing, Justice M. J. Shelat indicated that the apartment members would receive larger flats post-redevelopment and retain ownership rights, thus clarifying that not halting the project wouldn’t harm them. The high court criticized the haste of the appeal, noting it was filed improperly, contributing to unnecessary judicial strain.
The court stated, “Such unscrupulous litigants need to be dealt with promptly. The frivolous nature of this appeal, which has wasted judicial resources, should not be overlooked; it warrants dismissal alongside significant costs.”
The high court instructed the flat owners to remit ₹1 lakh to the District Legal Service Authority in Ahmedabad City within one month. It chastised the appellant’s counsel for filing the case late at night on September 22 and seeking urgent proceedings as if the GHB was on the verge of demolishing the flats. The court characterized this urgency, displayed after a week of inactivity, as “highly deplorable, disgraceful, and deserving of condemnation on all counts.”
