In Mumbai, members of the Matunga Kapol Co-operative Housing Society have taken legal action to challenge an order that annulled the appointment of Vallabh Developers for the redevelopment of their 84-year-old buildings. The Bombay High Court is now reviewing the case.
A petition was filed by 37 members of the society contesting the divisional joint registrar’s (DJR) decision to cancel Vallabh Developers’ appointment. The petition, lodged in March, accuses some members of the managing committee of obstructing the redevelopment project for allegedly “extraneous reasons” in collusion with other developers. This stalling of the project poses a risk to residents due to the dilapidated condition of the buildings.
The society, which consists of four wings with 62 residential and commercial units, saw its membership reduce to 52 in 2022 after some members passed away and their legal heirs were not admitted. With buildings dating back to before 1940 and in urgent need of repair, the society decided to pursue redevelopment. They appointed Deodhar Associates as project management consultants and began the process in April 2022.
During a special general meeting (SGM) held on August 14, 2022, where 39 members attended physically and 11 via video conference, Vallabh Developers was chosen with 28 votes in favor from those present physically and 10 from virtual attendees. Despite this, the managing committee failed to submit the meeting minutes to the registrar on time and requested clarifications from the developer, which were not addressed. Subsequently, the committee sought to block Vallabh Developers’ appointment without consulting the membership.
The assistant registrar initially approved Vallabh Developers on October 18, 2022, but the managing committee’s review application led to the DJR directing a status quo, and eventually, the DJR nullified the appointment on December 29, 2022, ordering a fresh tender process. Vallabh Developers then sought relief from the High Court, which issued a restraint on opening new tenders.
In response to a complaint, the assistant registrar removed three committee members from office and barred them from re-election or re-nomination for five years. The members who support Vallabh Developers have now approached the High Court to overturn the DJR’s order, arguing that it is unjust and unsupported by the evidence. They contend that delaying the redevelopment will cause severe and irreparable harm to the society and accuse certain managing committee members of intentionally stalling the process to benefit rival developers.
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