In Brief
A housing co-operative society in Mumbai sought to redevelop its dilapidated buildings under regulatory provisions. A resolution appointing a developer was passed overwhelmingly by the membership, but 11 members sued to block the redevelopment. The Supreme Court held that the trial court erred in deciding the limitation issue as a preliminary matter without evidence, and that such mixed questions of law and fact require full adjudication. However, exercising its extraordinary powers under Article 142, the Court disposed of the suit, finding that the buildings posed imminent structural danger to over 200 occupants, the vast majority supported redevelopment, and delay would cause grave harm. The Court approved the developer's enhanced offer (475 sq ft per residential member) with protective undertakings, directing completion within five years.
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