Observing that their conduct has jeopardized the entire redevelopment, the Bombay High Court recently ordered seven members of a housing society to either vacate their flats in Chakala, Andheri (East), within two weeks or pay Rs 5 lakh in costs. Justice Arif Doctor noted that such minority members often attempt to hinder redevelopment on frivolous grounds. DEM Homes LLP had filed a commercial arbitration petition regarding the dispute with the dissenting members.
In September 2023, a redevelopment agreement was made between the developer and Taruvel CHSL. A VJTI structural audit in October 2023 categorized the building as dilapidated. Despite obtaining an IOD (intimation of disapproval) and requesting residents to vacate, seven members refused, leading to the developer's high court petition. Advocates Sarosh Bharucha and Jay Vakil argued that the delay caused financial hardship, including compensation, rent, and other expenses.
Advocates Narayan Bubna and Pooja Malik, representing three members, claimed the developer was not fulfilling its obligations. However, Justice Doctor clarified that the agreement would be executed with the dissenting members, treating them equally. He ordered Rs 5 lakh in costs if the seven members do not vacate within two weeks. The costs would be shared equally between the developer and members who vacated. If unpaid, the developer and CHSL could recover it as arrears of land revenue.