PUNE: Homeowners who continue to obstruct self-redevelopment after exhausting all legal avenues may face membership revocation, as suggested by a state-appointed study group.
The panel, led by MLC Pravin Darekar, emphasized that while objections are a member’s right, persistent resistance following majority approval of a redevelopment plan constitutes holding the entire society at ransom.
The report proposed that if a minimum of 51% of society members approve a redevelopment resolution (validated by the deputy registrar, cooperative court, or even the High Court), that decision should be obligatory for everyone. Dissenters would then need to vacate their flats to facilitate the project.
If they refuse, the municipal corporation should intervene by issuing notices, conducting hearings, and potentially evicting them. The society could only cancel their membership under Section 35 of the Maharashtra Cooperative Societies Act, 1960, after all these steps have been taken.
The panel voiced concerns that delays caused by a minority were hindering many societies from completing self-redevelopment projects. “Currently, one or two individuals can stall an entire initiative despite overwhelming support from the majority. The law should prioritize collective interests over individual obstructive actions,” a study group member explained to TOI.
Recently, the Bombay High Court dismissed petitions from dissenters regarding redevelopment efforts and imposed fines for wasting judicial resources.
Shreeprasad Parab, expert director of the Maharashtra State Housing Federation, noted that once a developer is chosen by at least 51% of the members in a transparent manner compliant with regulations, dissenting members are legally bound to respect this collective decision in the society’s best interest.
He added, “Any dissent or lack of cooperation should be managed through the appropriate legal processes like arbitration or civil eviction suits, which provide relatively swift remedies.”
