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Dr. D. SELVARAJ (Economist & Hold a Law Degree.)     10 October 2017

Stand /right of dissenting minority Flat owners in re-development of the Apartment.

What is the latest judicial decision  on the stand of the Minority dissenting Flat owners in redevelopment of old Housing apartments. Out of 60 Flat owners in a 50 year old Housing Apartments only two, flat owner are not co-operating for demolition and reconstruction of the Flats through builders.   It is seen there are conflicting judgement on the topic and there are some reversal of the earlier stand of the courts after 2012 - all in Bombay High courts.  I remember, a news of a judgement on the matter in the High court of Madras some 3 years back, read in news paper- according to which the redevelopment can take place irrespective of the dissenting stand of the few flat owners when the majority are in favour of the redevelopment, but I could not lay my hand on the judgement.

I shall be thankful for a suitable advice with a copy of the orders of the HC, Chennai if possible..

Dr.D. Selvaraj.



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