Summary: In a recent court battle, Khernagar Adarsh Co-operative Housing Society and Huges Real Estate Developers LLP faced off over a redevelopment project. The court decided not to stop the ongoing redevelopment but required the Society to set aside money to cover potential losses for Huges.
Who's Who: Huges Real Estate Developers LLP and Khernagar Adarsh Co-operative Housing Society are in conflict. Huges, initially chosen for the redevelopment of the Society's building, found themselves pushed aside when the Society decided to switch developers.
The Agreement: Back in December 2011, Huges and Khernagar Society signed a deal for the redevelopment. However, disagreements came up when new rules and demands for better terms emerged. Huges offered new terms, but the Society eventually chose a new developer.
Judges Involved: The case was overseen by Chief Justice Alok Aradhe and Justice Sandeep V. Marne. They had to decide whether the Society could go ahead with a new developer or if Huges had a right to continue.
No Stopping the Project: The court decided not to stop the redevelopment. They noted that while Huges had made offers, these did not form a final contract with the Society. The judges emphasized the need for the redevelopment to proceed without further delay.
"The rights of residents to live in safe houses are more important than the developer's claim to profits."
Money Set Aside: To protect Huges' interests, the court ordered Khernagar Society to set aside ₹5 crores. This covers Huges' expenses and potential interest, ensuring they are not left with nothing if they win the case.
No Permission Needed: The court removed the requirement for the new developer to get a No Objection Certificate (NOC) from Huges. This decision aims to prevent further delays in the redevelopment process.
The redevelopment will continue with the new developer, but the court has ensured Huges' financial interests are protected. The final decision on whether the Society's actions were legal will be determined in the ongoing case.
