July 30, 2025: The Maharashtra Housing and Area Development Authority (MHADA) has approached the Supreme Court to contest a recent ruling by the Bombay High Court, which held that MHADA was not the “competent authority” to issue redevelopment notices under specific provisions of the law. The verdict, if upheld, could have far-reaching implications for redevelopment projects and affect lakhs of tenants across Maharashtra.
MHADA has filed a Special Leave Petition (SLP) in the Supreme Court challenging the High Court’s decision dated April 3, 2025. The ruling was delivered in response to a writ petition filed by a resident—who has requested anonymity—questioning the validity of a redevelopment notice issued under Section 79(A) of the MHADA Act.
The petitioner argued that the notice, issued by MHADA’s executive engineer, was invalid as such notices, according to Sections 65 and 2(11) of the Act, should be issued by a judge or a person of equivalent rank appointed by the district administration.
In its verdict, the Bombay High Court concluded that neither MHADA nor the Mumbai Building Repairs and Reconstruction Board (MBRRB) could be considered “competent authorities” under Section 354 of the Mumbai Municipal Corporation Act, which is often invoked to declare buildings dangerous and in need of redevelopment. The ruling has triggered concern among residents of dilapidated buildings, many of whom now face uncertainty over the future of their redevelopment plans.
Legal experts suggest that if the Supreme Court upholds the High Court’s interpretation, numerous past and ongoing redevelopment projects across Mumbai and other parts of the state may be called into question, potentially delaying urgent repairs and reconstruction. The Supreme Court’s decision will now be closely watched as it could set a precedent for redevelopment governance in Maharashtra.
Source: Mid-day
