MUMBAI: In a significant relief to residents of housing societies in prime areas like Bandra Reclamation and Worli, the Supreme Court has temporarily halted the issuance of work orders for cluster redevelopment projects covering 132 acres of land in Mumbai until August 13.
The state government claimed that these expansive layouts belong to the Maharashtra Housing and Area Development Authority (Mhada), which had leased them to societies intended for high- and middle-income groups as well as government employees. The intention is to redevelop these areas to increase affordable housing options through public bidding, which was awarded to Adani Properties.
A collective of ten petitions from cooperative housing societies, including HIG Adarsh Nagar, Parijat, B-Adarsh Nagar, and Kamalpushpa, contested the government’s redevelopment decision. They argued that the land had been conveyed to them and their ownership rights should not be revoked through a government resolution (GR).
On July 2, the Bombay High Court dismissed these petitions, stating that the society’s challenge lacked merit. The court emphasized that the state’s actions serve a broader public interest. Dissatisfied with this, the affected societies escalated the matter to the Supreme Court.
The Supreme Court justices, Vikram Nath and Sandeep Mehta, heard arguments from senior counsel representing the housing societies and the state, including Shyam Diwan, Guru Krishna Kumar, Chander Uday Singh, Navin Pahwa for the societies, and Solicitor General Tushar Mehta along with senior counsel Mukul Rohatgi for the state. They instructed the state and Mhada to file responses to the special leave petitions (SLPs) within a week, allowing the societies to submit rejoinders afterwards.
The Supreme Court postponed further proceedings until August 13, stating: “No work orders shall be issued during this time.” Diwan noted that the Maharashtra Advocate General had previously stated there would be no immediate work orders, implying that the deadline was nearing.
The High Court had previously determined that allottees or lessees possess limited rights, which are subject to Mhada’s authority to redevelop the land. Before the Supreme Court, the lessee societies contended that even when the government is the lessor, it cannot reclaim possession of the land without a breach of lease terms. If the government requires land for public use, it must acquire the leasehold interest per the Land Acquisition Act.
The position taken by Mhada, which the High Court accepted, indicates that allowing individual societies in areas like Adarsh Nagar and Bandra Reclamation to independently redevelop isolated buildings would undermine the overarching policy framework established by the aforementioned GR and Regulation 33 (5).
