Developer's Rights Versus Resident's Needs – Bombay High Court's Perspective

Introduction:

The process of carrying out redevelopment of old and dilapidated housing societies in the city of Mumbai has long been a subject of legal complexity and negotiations due to which the rights of the residents are put at stake due to various issues such as delay in handover of new premises, stoppage of construction, change in governmental policies, etc. The case of Huges Real Estate Developers LLP (“Erstwhile Developer”) versus Khernagar Adarsh Co-operative Housing Society Limited (“Society”) & Anr is one such example wherein the Hon'ble Bombay High Court was tasked with determining a balance between the contractual rights of one erstwhile developer vis-a-vis the fundamental right of society members to timely and safe housing.