Bombay HC Orders Probe Into ‘Racket’ Of 935 MHADA Redevelopment Notices; Appoints Retired Judge-Led Committee

Mumbai: In a scathing order, the Bombay High Court on Monday has appointed a two-member independent committee headed by former HC judge to probe the “colossal abuse of power” by MHADA officials in issuing 935 redevelopment notices under Section 79-A of the MHADA Act.

The Court noted that the notices, issued mostly without jurisdiction and solely on “visual inspection”, amounted to a “racket” that undermined property rights and the rule of law.

935 Notices Issued Without Mandatory Structural Audit

A bench of Justices Girish Kulkarni and Arif Doctor was hearing a batch of petitions, including one filed by Javed Abdul Rahim Attar, challenging these notices issued by executive engineers of the Mumbai Building Repairs and Reconstruction Board, a wing of MHADA.

“These are not routine matters,” the judges observed. “The issue revolves around hundreds of properties being affected by en bloc notices… issued not only in patent abuse of powers but in law wholly without jurisdiction and highhandedly. It has gathered the colour of a racket/scam under a modus operandi of misusing the provisions of law.”

Section 79-A empowers MHADA to compulsorily acquire and redevelop cessed buildings declared dangerous by the BMC or a Competent Authority. However, the court pointed out that this jurisdictional requirement was “wholly ignored”.

Bench Slams Parallel SOP Issued After Notices

MHADA admitted in its affidavit that 935 notices were issued without any structural audit, relying merely on “visual inspection” — an admission the court described as “a brazen non-compliance” of the statutory requirement. “There cannot be a higher highhandedness than this,” the bench said.

The court was also critical of an SOP issued by MHADA’s Vice-Chairman in December 2024 — months after the bulk of notices were issued — which purportedly authorised such action. “The SOP creates a parallel machinery to what is stipulated in the statute. It defeats the statutory scheme of the MHAD Act,” the court held.

Committee To Probe Issuance Of Notices, Fix Accountability

The committee headed by Justice (retired) JP Devadhar, also comprises retired principal district judge Vilas D. Dongre has been tasked to examine the issues in regard to the 935 notices issued under Section 79-A including; the subsequent actions to withdraw such notices; and the role of the different officials and/ or motives if any, in issuance of these notices.

“Also the Committee shall examine the purpose, basis, intention and the authority of the Vice-Chairman to issue the SOP dated 5 December, 2024,” the HC said in its detailed order.

The bench directed MHADA to provide the Devadhar Committee with all relevant records, including names of officials who issued the notices, and the status of affected properties.

“We cannot permit rewriting of the law by executive fiat,” the court said, adding that the officials had reduced valuable property rights under Article 300-A of the Constitution to a “nullity”.

Court Refuses To Stay Order; Directs Immediate Withdrawal Of 46 Notices

The court rejected MHADA’s plea to stay the order and directed that the 46 notices issued after an earlier HC ruling in the case of Vimalnath Shelters be withdrawn immediately. It has also directed to keep in abeyance the remaining 889 notices unless redevelopment had progressed with consent.

The committee is to submit its report within six months. The matter will be heard next on August 12.