the society’s 23 members voted in favour of the redevelopment scheme, while five voted against.
However, Geneve de Sa said: “Of the 23 members who voted, a quorum of at least 75%, or 17 members, must be physically present. In this case, only 14 were present in the meeting, while the rest sent their votes in sealed envelopes, which is like a proxy vote. This is in gross violation of the redevelopment rules.”
Sabloak denied the allegation. “Such allegations are baseless and are intended to spoil the development of the society by some members who have not given their consent for redevelopment. The voting was done in a fair manner and the entire process was recorded on video camera,” he said.
Sabloak added, “While Aamir Khan has offered to buy a majority of the flats, he will construct a separate building for the remaining residents. This is a proper redevelopment scheme.”
In their letter to the deputy registrar, the de Sas have written: “Without placing a general body feasibility report, the committee has obtained a majority vote supposedly for proposed development. But the mandated government guidelines for redevelopment have not been followed.”
Geneve de Sa told The Indian Express: “The scheme proposed by Aamir Khan is not for redevelopment and re-accomodation, it is actually for selling the society’s property to Aamir Khan and also de-registering the society. The appointment of the architect for proposed development is not done, including failing to call tenders for inviting developers for proposed redevelopment.”
Deputy Registrar of Co-operative Housing Societies S M Patil said he was yet to go through the complaint “in detail”, but it appeared prima facie that the proposal did not qualify as “redevelopment”.
“This proposal cannot be considered a redevelopment proposal as it involves selling of a majority of the plot. Under Section 79 of the Maharashtra Co-operative Housing Societies Act, redevelopment must include majority vote of 3/4th of the members and all members must be re-housed in the new building. It also mandates that a developer has to be appointed for the same. However, I will have to go through the letter in detail before taking any action in this case,” Patil said.
Shirish Sukhatme, president of the Practicing Engineers, Architects & Town Planners Association (PEATA) and head of the redevelopment cell of the body, said: “Any redevelopment scheme involves re-accommodating all tenants in the new building. In this case the mandatory appointment of an authorised officer from the office of the registrar under redevelopment rules has not been done. The society cannot blindly sell the majority of flats to any one person, instead a society must invite private builders to redevelop a plot.”
Victim told the judge that she was being forced to relive the incident as she was made to appear in court again.