Patel plans to construct a 21-storey structure in the spot where Shree Vijay Society stands. He also received an intimation of disapproval (IOD), which is required for redeveloping old buildings, from the BMC in February. He also handed out post-dated cheques and rent to other society members.

Residents speak

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The siblings and Shah claimed that their flats are in their parents’ names and for the past several years, the society committee had failed to issue share certificates to them, the legal heirs. Harsha Vyas, a television show coordinator, said, “I am an asthma patient and underwent hip surgery a few months ago. I can’t walk properly. The developer is forcing us to vacate our flat and we don’t want to.”

Kumar Vyas, 64, prays in his flat in Shree Vijay Society, Borivli, on August 1. Pic/Anurag Ahire

“The developer was giving us only 25 per cent more area and a corpus fund amounting to Rs 300 per square foot while the market rate is Rs 1,200 to Rs 1,800. Since 2021, we have been living without electricity and there is no one in our wing as almost all society members have vacated their flats. The developer started removing doors and windows, which damaged the structure. The building is in a dangerous condition and we also don’t have money to live elsewhere,” she added. Stating that her brothers have depression and other health issues, she added, “The builder should allot us a larger area and a corpus fund on a par with the market rate. Only then will we vacate the flat.”

‘Flat wasn’t transferred’

Harsha Vyas said, “In 2020, my mother, Madhuben Vyas, died but the society committee didn’t transfer the flat to us. We filed nomination forms, but the society didn’t budge. We are helpless. Earlier, the builder sent us a letter telling us to vacate the flat in 45 days. The redevelopment has been going on since 2007 and many builders came and went.”

“In 2005, around Rs 50,000 in maintenance dues were pending but the society sent us a Rs 2.36 lakh maintenance bill. The society had added interest. I requested them to do an audit and they filed 101 cases against us for maintenance recovery at the registrar’s office, which passed an order that was not in our favour. We also received a notice and we appealed in the high court, which rejected our plea. Later, we approached to divisional joint registrar. This case is still pending. Meanwhile, we paid around R1.20 lakh to the society,” Vyas said.

Ami Shah, who has also refused to move out, at her residence

Shah alleged that the managing committee (MC) has not followed the process under Section 79(A) Maharashtra Co-operative Housing Societies Act, 1960, which deals with redevelopment. “There is a lack of transparency and divide-and-rule policy with regard to non-MC members. The MC acts feels it can decide who shall stay and who shall not. Not replying to queries by members is a regular practice. All these problems started in 2007-09 when the conveyance deed was not given by Majithia builders,” she alleged.

Builder speaks

Patel said he had all the documents and rights to redevelop the society. “All members agreed with my proposal, excluding the owners of two flats. I also received the IOD in February to demolish the structure and redevelop it. Due to these members, my project is being delayed. I also paid two months’ rent to 22 society members and gave them post-dated cheques for two years. I took up this project with the trust of the people and I wanted to complete it before the deadline. I have to take police protection to vacate the members now. I have started removing the doors and windows of other flats. I am in touch with them but they are not vacating the flat,” he said. Patel said he was willing to accede to the siblings’ corpus fund demand and hand over cheques to them but added that they must give him the keys to their flat. He also alleged that the family hadn’t paid maintenace for decades.