Deputy Registrar Clears Way for Redevelopment of 40-Year-Old Nagraj Apartment in Laxmi Nagar
Apartments registered under the Maharashtra Apartment Act have received a significant boost in redevelopment matters. The Deputy Registrar of Cooperative Societies has ordered the reconstruction of the 40-year-old Nagraj Apartment complex of the Scientific Co-operative Housing Society in Laxmi Nagar. The order brings particular relief to elderly residents, many of whom had been living in temporary rental accommodation while battling for the redevelopment of their structurally unsafe building, declared dangerous for habitation by engineering experts.
Building on the Verge of Collapse
A structural audit conducted by Dr PT Mase and Associates revealed serious safety issues, including severe water leakage, falling concrete slabs, and the imminent risk of collapse. The report strongly recommended immediate demolition to safeguard residents’ lives and property.
The complex houses multiple families, many senior citizens, who had been forced to relocate due to the unsafe conditions. Initially, four residents opposed the redevelopment, but two later gave written consent. The remaining objections were related to technical matters like building height, parking arrangements, and fire safety approvals.
The Deputy Registrar ruled that these technical issues are to be resolved by the developer with the relevant authorities and cannot block a project that has majority support.
2020 Amendment Proves Crucial
The landmark decision relied on the Maharashtra Government Gazette Amendment of September 7, 2020, which grants cooperative society registrars full jurisdiction over apartment redevelopment disputes.
One resident had challenged the registrar’s authority, claiming that apartment matters fall outside cooperative society purview. The order clarified that under the Apartment Ownership Act, 1970, and the 2020 amendment, the registrar has complete authority to address such grievances.
Next Steps for Redevelopment
M/s Landmark Lifestyle, the appointed developer, has been given six months to complete all legal formalities, including building plan approvals, parking arrangements, fire department clearances, and other technical and regulatory approvals. The company had previously signed a redevelopment agreement with the majority of flat owners.
This ruling sets a precedent across Maharashtra, establishing that structural safety reports combined with majority approval (over 51%) are sufficient grounds for redevelopment orders. It affirms that apartment owners now have a legal right to redevelop their properties when majority consent is achieved and safety concerns are documented.
Adv. Mrudul Rajesh Bhusari effectively demonstrated the registrar’s authority under the 2020 amendment, ensuring clarity for similar redevelopment cases in the state.
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