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Bombay HC Upholds Redevelopment Decision Against Member’s Objection

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Bombay HC Upholds Redevelopment Decision Against Member’s Objection

Bombay HC Upholds Redevelopment Decision Against Member’s Objection

Bombay HC Upholds Redevelopment Decision Against Member’s Objection

The Bombay High Court has dismissed an appeal filed by a resident of a cooperative housing society, which sought to stop the redevelopment of the building, affirming that the general body’s decision holds binding authority. The court clarified that any objections raised without challenging the resolutions passed by the society’s general body would only lead to unnecessary delays in the redevelopment process.

The case centred around a resident’s objection to the society’s redevelopment plans, citing concerns over land falling in the Coastal Regulation Zone (CRZ). However, the court emphasised that the general body holds the highest authority over decisions related to the society’s property. The resident, Mridula Chakraborty, sought to restrain the society from proceeding with the tender documents approved in the general body meeting, based on concerns raised about the CRZ zone and the size of the land.

The society presented evidence that the property did not fall under CRZ, as per the BMC’s CRZ remarks. The court also noted that the society had consulted with a project management consultant to address any procedural issues. It further highlighted that the petitioner’s objections were not formal challenges to the general body’s resolutions but were instead delaying the redevelopment process, which was detrimental to society as a whole.

This ruling reinforces the importance of upholding decisions made by a cooperative society’s general body and serves as a reminder of the authority vested in it for smooth and timely redevelopment initiatives.

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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

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/

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