Mumbai, June 9: A batch of cooperative housing societies from Adarsh Nagar in Worli has approached the Bombay High Court challenging the Maharashtra government’s decision to undertake cluster redevelopment of MHADA layouts at Adarsh Nagar and Bandra Reclamation, contending that the policy unlawfully takes away their redevelopment and property rights.
Petitions challenge government resolutions
The petitions challenge Government Resolutions (GRs) dated April 25, 2025, and December 15, 2025, which provide for integrated or cluster redevelopment of the MHADA layouts. The HC heard extensive arguments on Tuesday and will continue hearing the matter on Wednesday.
Consent and property rights concerns
Senior advocates appearing for the petitioners argued that the resolutions compel societies to become part of a cluster redevelopment scheme without obtaining the consent of individual members.
According to them, while the policy requires a resolution of the society, it dispenses with the requirement of individual consent, thereby affecting the rights of flat owners.
The petitioners submitted that residents living in sea-facing buildings at Adarsh Nagar could be rehabilitated in any other part of the redevelopment area, regardless of the location of their existing homes. They argued that the policy gives MHADA and the selected developer a “free hand” in implementing the project and creates uncertainty about the rights of existing occupants.
Merger of societies and statutory process
The societies also contended that the GRs prohibit redevelopment of individual buildings and compel the merger of multiple societies, including Middle Income Group (MIG) and Lower Income Group (LIG) societies, without following the statutory process required for such amalgamations. They questioned how existing rights, areas, and society funds such as corpus and sinking funds would be protected after such mergers.
Constitutional and regulatory challenges
Relying on Article 300A of the Constitution and a recent Supreme Court judgment on property rights, the petitioners argued that they are being virtually divested of their properties without due process of law. They further claimed that the resolutions are contrary to Development Control and Promotion Regulations (DCPR) 33(5) and 33(9), which govern redevelopment of MHADA layouts, and that the government cannot create a parallel redevelopment mechanism through executive resolutions.
State government and MHADA response
The State government and MHADA opposed the petitions contending that the redevelopment concerns ageing MHADA colonies built between the 1950s and 1960s and is aimed at improving living conditions, infrastructure, and amenities. They pointed out that around 5,000 cooperative housing societies fall within such layouts and several buildings have become dilapidated.
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The State maintained that the redevelopment would be carried out strictly in accordance with DCPR Regulations 33(5) and 33(9) and urged the court not to stall the tender process at an interim stage, arguing that doing so would affect thousands of residents awaiting redevelopment.
The matter will be heard further on Wednesday.
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