The Maharashtra Housing and Area Development Authority (MHADA) has been given permission by the Bombay High Court to use a construction and development agency (C&DA) to redevelop the expansive 143-acre Motilal Nagar in Goregaon. The goal of this long-delayed project is to create a comprehensive rehabilitation that guarantees residents better infrastructure and orderly layout.
A division bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre observed that redevelopment by individual co-operative housing societies would be impractical. The court noted that each society, focusing solely on its own interests, might engage separate developers, leading to fragmented and uncoordinated development. Such an approach, the judges pointed out, could expose societies and occupants to risks associated with commercial developers and fail to address long-standing issues like water-logging and flooding in the area.
The high court stressed that fragmented reconstruction initiatives would not be able to provide a durable solution to these issues, but that a single redevelopment plan would. Since Motilal Nagar has been recognised as a “special project” by the Maharashtra government, MHADA will continue to be in charge of its redevelopment; but, because of logistical and financial limitations, it has chosen to carry it out through a C&DA.
MHADA’s redevelopment proposal had received high court approval in 2013, but multiple Public Interest Litigations (PILs) and objections from individual societies delayed its execution. Some societies opposed the involvement of an independent agency, arguing that no consent was taken before MHADA’s decision. Others sought permission for self-redevelopment or insisted on a tripartite agreement to ensure the agency fulfilled its commitments to residents.
The court did clarify, though, that even once the C&DA is appointed, MHADA will still possess the land in accordance with the proposed agreement. To guarantee that MHADA maintains control, the agency will not be allowed to mortgage the land or establish third-party interests. The judgement further stated that courts should be cautious when examining choices made by the administration; they should only step in if they are arbitrary or not in the public interest.
With this decision, MHADA will proceed with the eagerly anticipated renovation, which should greatly improve Motilal Nagar’s infrastructure and quality of life.
Source: The Indian Express
