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Time of India
2 days ago
- Business
- Time of India
SC okays redevelopment of Mumbai's Motilal Nagar under C&DA model
NEW DELHI: The Supreme Court on Monday upheld the Maharashtra Housing and Area Development Authority 's ( MHADA ) decision to redevelop Mumbai 's Motilal Nagar under the Construction and Development Agency (C&DA) model, dismissing legal challenges filed by local residents' associations. A bench of Justices Vikram Nath and Sandeep Mehta rejected a special leave petition filed by three petitioners - Motilal Nagar Jankalyankari Samiti, Motilal Rahivasi Vikas Sangh, and Gaurav Arun Rane- challenging the Bombay High Court decision that had cleared the path for redevelopment of 143 acres of Motilal Nagar I, II, and III via C&DA. Solicitor General Tushar Mehta, representing the MHADA, submitted that the land belonged to the housing authority and the project had been granted "special status" by the Maharashtra government. He said that obtaining individual consent from thousands of residents could delay the long-pending redevelopment. The apex court took note of the submission that 1,600 sq ft of built-up area was being offered in lieu of 230 sq ft of existing occupancy - much higher than the standard entitlement under the Development Control and Promotion Regulations (DCPR). Earlier, the Bombay High Court had dismissed a review petition filed by Motilal Nagar Vikas Samiti, reaffirming the legality of the C&DA route for redevelopment of Motilal Nagar. The Motilal Nagar redevelopment project - executed in partnership with Estatevue Private Developers, a subsidiary of Adani Realty - aims to rehouse approximately 3,700 residents in modern apartments measuring 1,600 sq ft. The C&DA agreement also includes 987 sq ft of commercial space, and improved infrastructure. The MHADA will retain full ownership of the land, while Estatevue Private Developers handles execution of the redevelopment project. The Rs 36,000-crore project has a seven-year timeline, during which 3,372 residential units, 328 commercial units, and 1,600 tenements from an adjacent slum will be relocated. The C&DA bears the entire cost of rehabilitation, infrastructure, and amenities - free of cost to the MHADA.
Hindustan Times
3 days ago
- Business
- Hindustan Times
‘Colossal misuse of authority': HC orders inquiry into 935 Mhada redevelopment notices
MUMBAI: Calling it a 'colossal misuse' of authority, the Bombay high court on Monday appointed a two-member committee to investigate a 'racket' involving engineers from the Maharashtra Housing and Area Development Authority (Mhada) illegally issuing 935 redevelopment notices to old buildings in prime locations in the city. MHADA Office at Bandra Internet photo A division bench of justice GS Kulkarni and justice Arif Doctor ruled that Mhada's executive engineers had issued these notices without jurisdiction as they had vested interests in the properties, which are located in upmarket areas in south Mumbai, such as Banganga Road, Walkeshwar, Gamdevi Road, BG Kher Marg, and Nepean Sea Road. The inquiry will be conducted by a two-member committee headed by justice (retired) JP Deodhar, a former judge of the Bombay high court, and retired principal district judge Vilas D Dongre. The committee has been asked to submit its inquiry report within six months. The court issued the orders after hearing a bunch of petitions challenging the redevelopment notices issued by Mhada to hundreds of cessed buildings that it had deemed dangerous and dilapidated. The petitions claimed that executive engineers from the Mumbai Building Repairs and Reconstruction Board (MBRRB), a statutory unit of Mhada, had issued the notices without jurisdiction and based on only a 'visual inspection,' without conducting a structural audit of the buildings. The entire controversy revolves around section 79-A of the Mhada Act, which allows Mhada to initiate the redevelopment of dangerously dilapidated cessed buildings if neither the owner nor the tenants take the necessary steps within a specified timeframe. Earlier this month, the court had observed that an executive engineer in Mhada had no jurisdiction to issue the redevelopment notices, adding that their action appeared to be high-handed. Calling the matter serious, the court held that the notices were issued to give an undue advantage to certain people, while curtailing the rights of the owners and tenants of the cessed buildings. 'This would amount to a brazen misuse of the powers and authority vested with the concerned officers of Mhada at whichever level, we do not know', the bench said. Citing a 2024 judgement, the bench stated that section 79-A of the Mhada Act can be invoked only if a building is first declared dangerous by the Brihanmumbai Municipal Corporation (BMC) or a competent authority. It had held that executive engineers have no independent power to issue such notices. Advocates NV Walawalkar, GS Godbole and Surel Shah, appearing for the petitioners, submitted that Mhada had not vested any jurisdiction whatsoever in the officers who issued such notices. Even assuming the appropriate authority was involved, under Section 79-A, the notices could not have been issued based on just a 'visual inspection' of the buildings concerned, the petitioners argued. On the other hand, senior counsel PG Lad, representing Mhada, referred to provisions of the Mhada Act which showed that it was 'the primary responsibility of the board to repair the cessed buildings.' Considering the large number of prime properties being adversely affected, the bench stated that the matter has 'gathered the colour of a racket/scam' by misusing the provisions of law. It noted that the redevelopment of the properties had been ordered at the behest of 'unscrupulous persons with vested interests' who intend to take advantage of the fact that the buildings are old. The consequences of issuing such notices without the jurisdictional requirements are 'horrendous to say the least,' the bench said. Noting that the redevelopment of cessed properties involves floor space index incentives, which is 'a bonanza for commercial exploitation,' the court stated that the vested interests in these properties can be worth a fortune. 'The statutory machinery being misused for such ulterior motives and for windfall of benefits is a matter of serious concern. It is beyond one's imagination as to how, in such large numbers, the impugned notices under Section 79-A could at all be issued,' the court said. Expressing concerns over the board's actions, the court held that if accepted, it would amount to rewriting legislative provisions and recognising a regime of colossal arbitrariness and abuse of powers. 'The pattern is quite unique. It appears to be quite clear that these notices are issued wholly without jurisdiction. We may also observe that the petitioners' case being of an extreme, unfortunate and blatant abuse of the powers by these officers,' the court added.
Indian Express
3 days ago
- Politics
- Indian Express
Cessed buildings revamp: HC forms panel to examine 935 notices issued by MHADA
In a move that may further delay the redevelopment of several dilapidated dangerous cessed buildings in Mumbai, the Bombay High Court on Monday appointed a two-member committee headed by former HC judge to examine 935 notices issued by MHADA executive engineers. The bench constituted a panel of Justice (Retired) Devadhar and Vilas D Dongre, retired Principal District Judge to examine the issue in regard to the notices and the subsequent actions to withdraw such notices, and the role of the different officials and/or motives if any, in issuance of these notices. The notices were issued to acquire cessed buildings to carry out redevelopment, if the owner or tenants do not do it. The cessed buildings are those structures the occupants of which pay cess tax or repair fund. The said buildings date back to pre-independence era and are largely present in south and central Mumbai. The MBRRB under MHADA conducts structural repairs of such old cessed buildings. The court recorded MHADA's statement that 889 notices shall be kept in abeyance and no further action shall be taken under them, unless the parties have consented in the redevelopment and the redevelopment has progressed. However, the committee will examine all 935 notices and submit its report preferably within six months. The HC said that the notices not withdrawn by MHADA will be stayed. The court passed an order on pleas challenging the notices issued by the executive engineers of Mumbai Building Repairs and Reconstruction Board (MBRRB), which is a unit of Maharashtra Housing and Area Development Authority (MHADA). The court stayed impugned notices. The HC said it was not sufficient to merely pass stay order and observed, 'We are of the clear opinion that it would be imperative as also our duty as the Constitutional Court, to order an inquiry into such issues of highhandedness and abuse of powers by the concerned officials, to be undertaken by an independent committee appointed by the court.' A division bench of Justices Girish S Kulkarni and Arif S Doctor noted that the issue raised in the petitions was of ' colossal misuse' of the powers by the officials concerned of the Board, in issuing notices under Section 79-A of the MHADA Act. The provision under MHADA Act provides for compulsory redevelopment for cessed buildings that are declared dangerous. After the notices are issued, property owners or tenants get stipulated time to initiate the redevelopment within six months along with irrevocable agreement of minimum 51 percent of tenants or occupants. If the owners or tenants fail to undertake redevelopment, the cooperative housing society formed by the residents can make a proposal within the next six months. In case of failure of any action within these 12 months, MHADA can take over the properties and undertake redevelopment Senior advocates NV Walawalkar and MM Vashi for the petitioners argued that the impugned notices 'breached the Constitutional and the legal rights of the stakeholders including owners and tenants of the buildings' and executive engineers of the MHADA/Board did not have any authority under Section 79 (1) of the Act to issue notices.
NDTV
3 days ago
- Business
- NDTV
Supreme Court Upholds Maharashtra Housing Agency's Plan To Redevlop Mumbai's Motilal Nagar
New Delhi: The Supreme Court on Monday upheld the Maharashtra Housing and Area Development Authority's (MHADA) decision to redevelop Mumbai's Motilal Nagar under the Construction and Development Agency (C&DA) model, dismissing legal challenges filed by local residents' associations. A bench of Justices Vikram Nath and Sandeep Mehta rejected a special leave petition filed by three petitioners - Motilal Nagar Jankalyankari Samiti, Motilal Rahivasi Vikas Sangh, and Gaurav Arun Rane- challenging the Bombay High Court decision that had cleared the path for redevelopment of 143 acres of Motilal Nagar I, II, and III via C&DA. Solicitor General Tushar Mehta, representing the MHADA, submitted that the land belonged to the housing authority and the project had been granted "special status" by the Maharashtra government. He said that obtaining individual consent from thousands of residents could delay the long-pending redevelopment. The apex court took note of the submission that 1,600 sq ft of built-up area was being offered in lieu of 230 sq ft of existing occupancy - much higher than the standard entitlement under the Development Control and Promotion Regulations (DCPR). Earlier, the Bombay High Court had dismissed a review petition filed by Motilal Nagar Vikas Samiti, reaffirming the legality of the C&DA route for redevelopment of Motilal Nagar. The Motilal Nagar redevelopment project - executed in partnership with Estatevue Private Developers, a subsidiary of Adani Realty - aims to rehouse approximately 3,700 residents in modern apartments measuring 1,600 sq ft. The C&DA agreement also includes 987 sq ft of commercial space, and improved infrastructure. The MHADA will retain full ownership of the land, while Estatevue Private Developers handles execution of the redevelopment project. The Rs 36,000-crore project has a seven-year timeline, during which 3,372 residential units, 328 commercial units, and 1,600 tenements from an adjacent slum will be relocated. The C&DA bears the entire cost of rehabilitation, infrastructure, and amenities - free of cost to the MHADA.
Indian Express
3 days ago
- Business
- Indian Express
Motilal Nagar Redevelopment: SC clears way for Rs 36,000-crore project undertaken by Adani Group, rejects residents' appeal
The Supreme Court on Monday dismissed a special leave petition (SLP) filed by residents of Motilal Nagar colonies in Goregaon (West), clearing the way for Maharashtra Housing and Area Development Authority-appointed developer Adani Properties Pvt Ltd to go ahead with the Rs 36,000-crore redevelopment project. The residents had approached the Supreme Court challenging the Bombay High Court order of July 25 that refused their review plea. The review plea was against the March 2025 high court order that gave MHADA a go-ahead to redevelop Motilal Nagar, spread over 143 acres in Western suburb, through a construction and development agency (C&DA). Adani Realty Group is also undertaking the Dharavi Slum Redevelopment project in central Mumbai. The Adani group had submitted the highest bid of nearly 36,000-crore for the Motilal Nagar project. Earlier this month, the MHADA signed a Memorandum of Understanding (MoU) with Adani Group to execute the project. The project is scheduled to be completed in seven years. As per the MoU, the developer will hand over 3.97 lakh square metres of developed area to MHADA, adding nearly 33,000 houses to the housing stock of MHADA. A bench of Justices Vikram Nath and Sandeep Mehta of the Supreme Court passed an order on SLP by residents on Monday. Solicitor General Tushar Mehta for MHADA argued that the land was owned by the authority and the state government has given a special project status for the redevelopment. He argued that it will take a long time to avail consent of all residents in the colony, and it would lead to further delay in execution of the project and eligible residents were to get flats of nearly 1,600 square feet built up area. The project involved Motilal Nagar 1, 2 and 3 spread over 143 acres and it will rehabilitate nearly 3,700 tenements and is likely to be executed over a total area of 5.84 lakh square metres. As per project, the rehabilitated eligible dwellers will get 1,600 sq ft (built up area) flats and there will be 987 square metres of commercial space to be provided for non-residential tenants. In March, this year, a bench of Chief Justice Alok Aradhe and Justice Bharati H Dangre had disposed of a PIL seeking action against alleged illegal constructions on the said land. The HC had said that the project, considering its nature, may not be possible to be undertaken by individual operative housing societies or associations formed by the occupants. Aggrieved by this, the residents had filed a review petition in the HC. The residents had argued that the society ought to be allowed to self-develop the land as per the state policy and Rule 33(5)(2) of the Development Control and Promotion Regulations (DCPR), provided the society can appoint a developer of its choice. Moreover, it was argued that redevelopment undertaken by private developers would require consent of 51% of the members of the society, even if MHADA's NOC is available. However, MHADA argued that the said grounds were raised by petitioner during earlier proceedings and HC had passed its verdict considering all aspects and recognised the authority's right as the owner of the property, to redevelop the land through private builders by inviting tenders. However, the HC on July 25 rejected the review plea, prompting the residents to approach the Supreme Court, which it rejected on Monday.
