Open Spaces / Grounds are property of Garodia Nagar Welfare Society

MUMBAI: After more than a decade-long court struggle against a developer, the keys to five recreation ground plots were recently handed over to the jubilant residents of Garodia Nagar in Ghatkopar (E).

On Friday, many senior citizens attended the formal ceremony of handing over of the plots.

Garodia Nagar Residents' Federation mainly comprises 1,896 buildings, with 15,000-odd residents who will now have access to five open spaces, measuring over 15,000 sq m.

The struggle began in 1985, when the developer started misusing the five plots meant for RG by allegedly gifting them away to other parties. The plots belonged to Garodia Nagar colony, for which the builder had given an undertaking to the BMC to fully develop the area in Ghatkopar (East), develop the RGs and hand over the plots to the Garodia Nagar Residents' Federation.

"We wrote to then BMC commissioner S Tinaikar and half-a-dozen municipal commissioners visited the plots. Ultimately, we filed a PIL in 2001 and the chief justice said that since it's a civic problem, let the municipal commissioner intervene in the matter. The BMC's DMC Zone VI was appointed to look into the matter. When he called us, the developer as well as Garodia Nagar residents made a presentation before the BMC," said BGK Murthy (78), a resident of Garodia Nagar Colony.

Residents were told that they wouldn't get the plot unless they formed a Federation of Societies. Within three months, they formed a federation and got it registered under the Societies Act. When they didn't get a satisfactory response, they filed another PIL in 2003.

"A letter was given to the developer to hand over the plots to the federation. He challenged the order in the Bombay HC with a writ petition and it was quashed on December 6, 2006," said Murthy. Despite losing the writ petition, the developer didn't hand over the plots. So, residents pursued with the HC and got the plots back. The order was given on October 5, 2011. The developer handed over the plots to the BMC in December 2011.

On May 7, 2012, the HC finally ordered the BMC to hand over the plots to the Garodia Nagar Federation of Housing Societies.

"We are going to develop them into recreation grounds and contact some sponsors. We have so many aged people and kids residing here," said Murthy. 

http://timesofindia.indiatimes.com/city/mumbai/Ghatkopar-society-gets-5-plots-back/articleshow/13367898.cms

Vardhman Developers Wins case against dissenting members of Chaaya Nirmal Bldg

Garodia Nagar - Chhaya Nirmal Building Plot 73 , 74 Redevelopment was stopped because 7 members were obstructing the developer now the High Court has given it's verdict . The developer can now evict those members in 4 weeks and start redevelopment.

The following is the new sclip that came in Hindustan times Mumbai edition of March 19th, 2011

Dissenting minority can’t obstruct redevelopment: Court

The dissenting minority cannot obstruct redevelopment when the cooperative housing society has already passed a resolution and entered into a development agreement, the Bombay high court has ruled. 

Justice DY Chandrachud has appointed a court receiver to ensure proper implementation of the development agreement entered into by Thailambal Cooperative Housing Society with Vardhman Developers.

The developer was compelled to approach the high court after seven of the 28 members of the housing society refused to vacate their flats, though they had consented in favour of the redevelopment.

On September 6, 2007, the general body of the housing society passed a resolution favouring redevelopment, and accordingly on August 27, 2008, an agreement for development was entered into between the housing society and the developer.

The developer had sought a declaration that the consent affidavits executed by the dissenting members and the development agreement were valid, and a decree of specific performance against the dissenting members.

Counsel for the developer, DD Madon, contended a dissenting minority cannot thwart redevelopment approved by the society's general body, especially when they were aware of the resolution passed by the society and without resorting to legal ways to challenge it.

The dissenting members had executed consent affidavits, but before the high court they claimed that neither their signatures were taken before a notary nor were the affidavits registered with one.

But the high court noted that the consent affidavits were duly executed, and after appointing a court receiver, directed him to start evacuating the residents after four weeks.

 http://www.hindustantimes.com/india-news/mumbai/Dissenting-minority-can-t-obstruct-redevelopment-Court/Article1-675193.aspx

Redevelopment Frenzy

The Redevelopment craze that was seen late during 2006-07 has returned. With the Indian markets doing better compared to the rest of the world, with the recession on the wane, money market is buzzing.

Though the scam tainted congress has pulled back the rally, it is clear that people are confident int he the way they look at the future trend.

Developers have been striking deals with the societies who were waiting for the past 2 years. Apart from Prabha building near the school which was the first to be redeveloped way back in 2006, which was due to the building sinking & declared structurally weak.

Many buildings on 60feet road, some on 90 feet road, ahev already been done and are looking  great with the new structure.

In Garodia , Ankur building near Varsha ground has already been demolished & work begun . One more which was near the police ground has already come up & look neat. Buzz is that  New Vasant Apartments has finalised their deal, which has been done through the proper Directive of the Cooperative Housing   Commissioner has now put in to place. This Directive has been in since January 2009 , wherein the entire process make is more transparent & developers are selected thought tender process.

The entire process is now monitored by the registrar of cooperative society, it give the members of the society complete control of the asset & each and every member can have a say in every step before they give their Final Consent.

Redevelopment is needed in Garodia Nagar but the members and developers should keep in mind the  infrastructure which should be able to cope with additional flats being made. Over 40 years and still Garodia Nagar is struggling with sewage water drains, rain water flooding, garbage disposal, water problems.

As many more buildings have jumped the queue to take advantage, developers have become choosy, also many  so called builders / developers who were never heard of have been offering higher benefits compared to the reputed / experienced ones. 

Societies should be aware and take note and check their background and do lot of research as to the genuinety of these builders. Many front companies for politicians, goons are taking advantage of this, which can make life miserable for the societies in case they get caught up with them.

In all societies should be careful in the process , united as one to ward off any hostile situations which can crop up. Greed and infighting will only help the other parties and  this will only hurt their own prospects.