HIGH COURT JUDGEMENT IN INDIA

The Judgement below passed in the favor of the builder by the Honerable High Court Judge Mr. Khanvilkar on 31st August 07, Mumbai, leaving the flat owners with no option but to give their flats to the builders.

All said and done, but have you ever heard of a case like this...the society members sign a redevlopment agreement with Raja builders, the IOD and the required permissions etc from the official departments of mumbai is given to Raja builders, but the suit in the High court filled against the 2 members who have not given their consent to the builder is filed by Raja constructions...which is a 3rd party, and the high court order is passed in the favor of Raja constructions, when we in the appeal raise this point in front of the High division bench (which consist of 2 learned judges) they say SO WHAT??????

The builder in the petition filed in front of a Sngle learned judge Mr. Kahnvilkar, says that the buildingis in dilapidated condition and a slab on 2nd floor of the building has alraedy collapsed ( which actually is false).

Now...how can a High Court Honerable Judge Mr. Khanvilkar pass a judgement without getting the building structure surveyed from a BMC authorised structual engineer.

Please read the part of the judgement copy and also what activist and lawyers say on such a harsh judgement and leave your comments


Times of India, Mumbai, dtd 14 Sep 07

Minority can’t stall building revamp: Court

Says Dissenting Flat Owners Can Be Evicted

Cops can be used to evict flat owners: High court


Judgement by High Court Justice Khanvilkar that flat owners opposing the redevelopment, Will have to evict the flats...builders can do with the help of police....here the minorities are on target.

Hon arable Justice Khanvilkar gave this judgement which is not in the books of law.Minorities (the 2 members of the said SAHARA CHS, 7Th road khar west mumbai India) are not against the redevelopment but they are against the Raja builders who's not a reputed builder in Mumbai.....The high court verdict is favour of the builders in Mumbai, that means they can use this verdict even if 7 members out of 12 of the society are ready to go with the builders.The office bearers of the same sahara society had never ever called tenders, the said society is not caved from any angle....IS Honorable High Court Judge Mr. Khanvilkar trying to prove here....

that being a democratic country...the rule by the by the HIGH COURT....of the builders and for aam junta...(common man)Deconstructing the Debate

Order On Overruling Minority View In Hsg Socs May Speed Up Redevelopment But Raises Concerns About Individual Rights

TIMES NEWS NETWORK (15Th Sep 07)
Mumbai: The Bombay high court order which overruled the rights of a minority in a Khar housing society while deciding on the issue of redevelopment, could have serious implications, say experts.

“How can flat owners be forcibly thrown out of their own flats? How can the proprietary right in property be denied in the absence of a specific law?’’ asked property lawyer Mulraj Shah. “It can’t be done, unless there is a provision in law, and currently there is no such legal provision,’’ he said.

Chandrashekhar Prabhu, architect and housing expert, too said the issue is not just of majority versus a minuscule minority. The issue cannot be seen from the point of view of Numbers as there are some fundamental issues involved. If I am a member of a cooperative housing society, I am not only the owner of the flat where I am staying but also part owner of the land on which the society building is located. That gives me certain basic rights to decide which is the best option available to me for redevelopment. And it should also be the best option available to all and not just on the basis of a MAJORITY DECISION.

“I think the court’s concern for development is understood. But we should also understand that some of the office bearers of the societies are bought over by the developer and the rest of the society members are not left with much option but to go to the court.’’

Solicitor Keerit Shah said the high court order could give a handle to builders to harass hapless flat-owners.

Its sad that builders are using the same order copy, which actualy is not the judgement and threatening the so called minorities opposing the redevelopment for genuine reasons...

The committee members of various CHS., are easily managed, no tenders are floated, nor do they maintain any transparency.

When the Times of India reporter Archana Sharma contacted the secretary Mr. Tulsi Lalwani of Sahara CHS., he refused to comment leaving it on the builder Narendra Bhatia of Raja Construction Company to comment.

The judgement giving an handle to the builders as the Lawyer Keerit Shah said,(I was requested by Mr Alfanso to remove his case details about bandra boon society as his matter is settled so edited the details on 9th June 2012)

Mrs Meena Gonsalves and 40 members of the same colony NEW DN. NAGAR Andheri west, builder involved here is AAKASH VEIDHI with RUSTOMJEE of KEY STONE.

Is there any end to the greed of the land sharks???