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In a recent ruling, the Gujarat High Court has given the approval for the redevelopment of the Shilpalaya Co-operative Housing Society in Vasa, Ahmedabad. The court's decision comes after a prolonged battle between members of the society, with five dissenting members now directed to vacate their flats to allow the majority's decision for redevelopment to proceed.
The Shilpalaya Co-operative Housing Society, built in the mid-1980s, has been grappling with severe structural damage for some time, prompting residents to initiate the redevelopment process back in 2014. However, progress was impeded due to objections raised by just five out of the 228 members of the society.
Despite efforts to engage a developer named Prerna Infrabuild Ltd in 2016, the redevelopment faced obstacles primarily from the dissenting minority. Allegations surfaced, with concerns raised about the developer and the proposed redevelopment scheme. Counter-allegations accused the dissenters of obstructing progress due to potentially illegal constructions, with one member accused of running an unauthorized shop on the society premises and allegedly demanding a shop in the new complex.
The deadlock prompted the society to turn to the courts for resolution. During the proceedings, it was highlighted that the buildings were not only dilapidated but also posed life-threatening risks, as confirmed by a structural engineer's assessment. The urgency for redevelopment was underscored by a notice from the AMC's estate department in 2020, directing the demolition of the deteriorating structures.
Upon careful consideration, the High Court emphasized the pressing need for redevelopment in light of the dire state of the buildings. The proposed plan envisions the construction of ten towers with 14 floors each, totaling 880 flats, on the 12,378 sq yard plot of the society. Notably, the developer has offered larger flats, financial incentives, and monthly rentals for residents across all categories of houses.
The Court stressed that the interests of the residents must prevail and that the redevelopment decision was made in good faith. He affirmed that such crucial processes cannot be stalled at the behest of a minority, particularly when the dissenters themselves stated they were not fundamentally opposed to redevelopment.
Consequently, the court has ordered the five dissenting members to vacate their flats within eight weeks to facilitate the long-awaited redevelopment of the society, marking a significant victory for the majority and a crucial step towards revitalizing the Vasa housing community.
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