The Bombay High Court has permitted the Maharashtra Housing and Area Development Authority (MHADA) to move forward with the redevelopment of several ageing south Mumbai buildings, despite earlier legal challenges regarding notices issued to these properties. The projects can proceed where both landlords and a majority of tenants exceeding 51% have provided consent, even as an inquiry into the legality of the original notices continues.
The controversy traces back to 2024, when MHADA issued redevelopment notices to 935 structures deemed “dangerous and dilapidated” across prime neighbourhoods, including Banganga Road, Walkeshwar, Gamdevi Road, BG Kher Marg, and Nepean Sea Road. Petitions subsequently challenged the notices, arguing that engineers from the Mumbai Building Repairs and Reconstruction Board (MBRRB), a MHADA unit, lacked jurisdiction and relied solely on visual inspections rather than detailed structural audits. Central to the dispute is Section 79-A of the MHADA Act, which allows redevelopment of dangerously dilapidated cessed buildings if neither owners nor tenants act within a defined period. Earlier this year, the court criticised MHADA’s actions as a “colossal misuse” of authority, noting that executive engineers had overstepped their powers. A two-member committee was appointed in July to investigate the issuance of these notices. Following consultations, several landlords and tenants submitted joint proposals for redevelopment, prompting MHADA to seek clarity from the high court on proceeding without legal impediments. A division bench of Justices GS Kulkarni and Aarti Sathe, on 5 December, ruled that projects where consent is undisputed may continue, while underscoring that the inquiry into the flawed notices must proceed. “Considering that the tenants and the landlords themselves have consented to proceed, these positions are clear and undisputed,” the court stated.
Officials noted that MHADA has been directed to issue no-objection certificates to facilitate redevelopment, provided the committee’s inquiry remains unaffected. “The decision balances the need to modernise south Mumbai’s ageing housing stock with ongoing oversight into prior procedural irregularities,” a senior urban planner said. Industry experts suggest that while legal scrutiny continues, the allowance to proceed with consented projects could expedite urban renewal and improve living standards. “Redevelopment in high-demand areas such as Nepean Sea Road can enhance safety, housing quality, and energy efficiency, contributing to sustainable urban growth,” said a real estate analyst. However, experts caution that such projects must maintain transparency and respect tenants’ rights, especially in densely populated areas.
The court’s ruling highlights the challenges of regulating redevelopment in Mumbai, where ageing buildings coexist with strict planning norms and dense urban populations. By allowing projects to proceed under clear consent, the decision offers a pragmatic pathway for urban renewal while upholding accountability.
