HC tells tenants of building to vacate flats for redevelopment

The Bombay High Court has directed all 224 tenants of a suburban housing society to vacate their building to pave way for a real estate developer to undertake a redevelopment project worth Rs 500 crore.
Vardhman Developers, which had filed a suit against the Borla Housing Society in Chembur after some of its members rejected the agreement signed between them for redevelopment of the building on October 21, 2007, plans to develop a residential project, adjoining the golf course in the area, with ultra-modern facilities and amenities.
In a recent order, Justice Roshan Dalvi said "all members of the society shall execute the tripartite agreement with the redeveloper and vacate respective flats within 45 days as per the agreement between the parties".

The society had appointed Vardhman Developers to redevelop the society. However, after the appointment, another developer offered the society members Rs one crore each for vacating the premises.
However, the society rejected the offer as it wanted to redevelop the property through Vardhman Developers only. However, out of 224 members, 179 members gave their consent to Vardhman while 45 members objected and alleged the redevelopment plan submitted by the realtor in 2008 was not in accordance with the law and had expired.
Justice Dalvi, while directing the tenants to vacate the premises, asked Vardhman to give an undertaking that it would construct and redevelop the property strictly in accordance with law and the sanctioned plan.

"The redeveloper would have to get the plan revalidated or submit fresh plan in terms of the agreement entered on October 21, 2007. The redeveloper agrees and undertakes to construct and redevelop the suit property and construct the new building strictly in accordance with law and in accordance with the sanctioned plan and the aforesaid agreement," Justice Dalvi said.