The Bombay High Court has directed minority members of four dilapidated buildings in Vasai West to vacate their flats to facilitate demolition and redevelopment. The order came after the court observed that an obstructive approach from a few residents could hinder redevelopment efforts, putting the larger community at risk.
The judgment gave 11 members a 15-day window to vacate their premises, taking into account the ongoing Ganpati festival. Justices Girish Kulkarni and Manjusha Deshpande emphasized the need for cooperation in demolition and stated that the members must vacate unconditionally, or the authorities could forcibly execute the clearance with police assistance.
The redevelopment dispute involved the Pushpanjali CHSL and Deepanjali CHSL societies. Their buildings at Diwan and Sons Housing Enclave on Ambadi Road were declared structurally dangerous and classified as CI category by the Vasai Virar Municipal Corporation (VVMC) on February 28, 2025. Conflicting structural audit reports had initially delayed action, prompting VVMC to seek an opinion from the Technical Advisory Committee (TAC). On June 27, TAC confirmed the buildings’ CI status, and notices to vacate were issued on July 1. While the majority of 113 members, representing approximately 90% of residents, had agreed to redevelopment and appointed a developer, 11 members raised objections and were seen as obstructing the process.
The court noted that minority members cannot legally endanger other residents or obstruct redevelopment despite their contentions. Advocate Abhijit Kulkarni, representing the societies, reinforced that safety concerns and legal obligations of the majority members take precedence over minority opposition. Advocate Kaustubh Patil, appearing for the dissenting members, acknowledged the buildings’ dangerous condition but argued for the need to assert their redevelopment concerns. The judges clarified that these concerns must be addressed through appropriate legal channels, not by resisting demolition or blocking redevelopment efforts.
VVMC’s advocate Swati Sagvekar highlighted the practical challenges caused by non-cooperating residents, noting that police protection might be required to enforce vacating orders. The court agreed to accommodate the Ganpati festival in the vacate timeline but conditioned it on an undertaking that the 11 members would vacate unconditionally and refrain from future obstruction. The judgment underscores the balance between individual rights and collective safety, emphasizing that minority objections cannot impede projects approved by the majority, particularly in cases where structural safety is at stake.
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