Mumbai: The Bombay High Court has cleared the decks for redevelopment of the dilapidated Parekh Market complex at Ghatkopar (East), directing 15 holdout occupants, including the project’s former developer, to vacate the premises by November 10, 2025.
Interim Relief Granted to Developer
Justice Sandeep Marne granted interim relief to Ambit Life Style Homes LLP, the developer appointed by the Parekh Market Premises Co-operative Housing Society. The court was hearing a suit filed by Ambit Homes seeking enforcement of a 2022 redevelopment agreement.
Progress and Obstruction
The Court observed that out of 88 occupants, 70 have already vacated and three of the five existing structures have been demolished pursuant to civic notices declaring them dangerous. However, redevelopment was stalled due to the refusal of Defendant Nos. 2 and 3, former developer Kanaiyalal Madhavji Thakkar and his proprietary firm, to vacate 12 premises they own or control.
Developer’s Efforts and Compensation
Ambit Homes sought a temporary injunction to enable smooth execution of the project. The developer argued that it had already paid Rs1.4 crore in hardship compensation and continues to pay Rs 27 lakh per month to displaced residents. It has also spent over Rs 10 crore on preliminary work and obtained all statutory clearances, including an SRA Intimation of Approval (IOA) issued in August 2025.
Former Developer’s Claims Rejected
Thakkar contended that he retained rights to exploit the balance FSI (floor space index) potential of the 3,578 sq.m. plot based on decades-old agreements. However, Justice Marne noted that Thakkar’s counterclaim asserting these rights had been dismissed earlier and that dismissal was upheld up to the Supreme Court in 2014. “With the dismissal of the Special Leave Petition, the decree has attained finality,” the judge held, rejecting Thakkar’s claim as “completely baseless.”
Court Observations on Redevelopment Dispute
The Court described the matter as a “classic redevelopment dispute” obstructed by a handful of occupants. “The main obstructor is the old developer, who hopes to further exploit the land’s development potential, while residents of old and unsafe buildings wait for new homes,” the order observed.
Balance of Convenience Favors Society
Justice Marne found that the balance of convenience was clearly in favour of the society and the new developer. “Irreparable loss would be caused not only to the Plaintiff (Ambit Homes) but mainly to the society and its members if injunction is not granted,” the judge said, pointing out that three buildings have already been demolished and residents have vacated their homes.
Vacating Order and Execution
Granting interim relief, the Court directed Defendants 2 to 16 to vacate their premises by November 10, 2025. If they fail to comply, the Court Receiver has been empowered to take possession with police assistance and hand it over to the developer. The judge further ordered Ambit Homes to pay transit rent to tenants of Defendants 2 and 3 and ensure their re-accommodation in permanent alternate premises after redevelopment.
Also Watch:
Court Concludes Objections are Pretexts
Justice Marne concluded that the defendants’ objections, including claims of arbitration clauses, delayed membership, and pending petitions, were “mere pretexts” to stall redevelopment. “The baseless expectation of further milking the development potential cannot be a ground for indefinitely delaying the project,” the court added, allowing Ambit Life Style Homes to proceed with the work.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
