
Thu Sep 12 06:38:00 UTC 2024: ## Long-Delayed Redevelopment of Bandra (East) Housing Society Gets Green Light After Court Ruling
**Mumbai, India** – After nearly two decades of legal battles and delays, the redevelopment of the Kher Nagar Sukhsadan Co-operative Housing Society in Bandra (East) has finally been cleared. The Bombay High Court has ordered authorities to grant permissions for the redevelopment by Tristar Development, ending a drawn-out conflict with a previous developer.
The society, categorized as dilapidated and beyond repair by the BMC, entered into a development agreement with AA Estates (RNA Group Company) in 2005. However, AA Estates failed to make any significant progress, ultimately leading to the society terminating the agreement in 2019.
The matter further complicated when AA Estates entered into Corporate Insolvency Resolution Process (CIRP) in 2019, with the Interim Resolution Professional claiming a moratorium on the developer’s assets, including the redevelopment rights. Despite the CIRP being vacated in 2020, AA Estates continued to push back against the termination, even initiating arbitration.
The society, in the meantime, selected Tristar Development as its new developer in 2021. However, a renewed attempt by AA Estates to stall the project through the NCLT in 2022 further delayed the redevelopment.
The Bombay High Court, acknowledging the “classic impasse” caused by AA Estates’ repeated failures, ruled in favor of the society. The court determined that the society’s redevelopment rights did not constitute an asset of AA Estates under the CIRP, deeming the Resolution Professional’s letters to authorities as “ex-facie illegal.”
The judges emphasized the right to shelter for the society members, stating that “these society members cannot be deprived of their basic and fundamental rights to shelter.”
This ruling finally paves the way for Tristar Development to commence the redevelopment process, bringing an end to years of uncertainty for the residents of Kher Nagar Sukhsadan Co-operative Housing Society.