Thane: The Thane civil court has given new hope to the residents of Mira-Bhayender-based dilapidated society, which was to undergo a redevelopment in 2010, by allowing the developer to have his legal rights over the development of the building.
The court held that the order had to be passed in favour of the builder, Shree Krishna builders and developers, quoting it to be a balance of convenience and irreparable injury. The court in its orders held that even though the builder has not touched on the development project, but the lives of 59 occupants of the building would be put in peril if no immediate steps are to be taken.
After a long wait of 12 years, the residents of Chandresh Terrace cooperative housing society limited (CHSL) finally in January 2022, issued a public notice announcing for cancellation of the development agreement, which the society had executed in the year 2010-2011.
The builder had agreed to develop the property and pay the monthly compensation to each of the society members. As per the agreement, the redevelopment work was to be completed within 30 months from the date of receiving intimation of disapproval (IOD). IOD is permission granted by the municipal corporation to the builder to process the redevelopment of an old building.
Further, the builder was also required to give a bank guarantee of Rs2.65 crore to the society, but none of the conditions were fulfilled by the builder. Tired of the long wait and fearing for their lives, the society decided to cancel the builder’s legal right to redevelop the society. The court after hearing the case, maintained that the orders shall be passed keeping a balance of convenience and the aspect of irreparable injuries that would occur.
The court held, “Considering the fact that redevelopment was proposed 14 years ago and the condition of the building is dilapidated, grant of an injunction would certainly put the lives of the occupants in the building in peril if no immediate repairs and/or redevelopment are carried out.” As per the court, it was observed that the builder has not shown his readiness to perform his part of the contract.
