Gujarat HC clears Ambawadi society’s redevelopment after court-monitored vote

Ahmedabad: The Gujarat High Court has approved the redevelopment of the Patel Baug Cooperative Housing Society in Ambawadi after a court-monitored vote showed 81% members in favour of redevelopment, bypassing dissenting members’ challenges.

A bench led by the Chief Justice was hearing an appeal filed by eight members opposing a single-judge order that directed them to vacate their flats. The dissenting members had questioned the validity of the management committee and a redevelopment resolution passed on February 14, 2022, claiming it fell short of the 75% consent required under the Gujarat Ownership Flats Act. They also challenged the legitimacy of a December meeting chaired by the society’s president, alleging that the committee was not duly elected.

Considering the building’s dilapidated condition and prolonged delays, the High Court, in an unusual step, appointed advocates Ajay Mehta and Hetal Gohel as Court Commissioners to convene a Special General Meeting. After this, a meeting was held on August 2, with 147 members attending in person and 30 joining virtually. Out of 177 participants, 156 approved redevelopment, while 21 opposed and 15 abstained.

The court noted that the 156 in favour represented 81% of the society’s 192 members—well above the required 75% threshold. Accordingly, the High Court upheld the single-judge order and dismissed the appeal. DeshGujarat