August 21, 2025: The Bombay High Court has cleared the way for the long-stalled redevelopment of Khernagar Adarsh Co-operative Housing Society in Bandra East, ending a 14-year impasse caused by disputes over developer appointments.
A division bench led by Chief Justice Alok Aradhe and Justice Sandeep Marne set aside an injunction order while disposing of a plea by Huges Real Estate Developers LLP, the initially appointed developer. “When the rights of residents of dilapidated buildings to reside in safe houses are pitted against the rights of the developer to earn profits through redevelopment contracts, the latter must yield to the former at least when it comes to consideration of the grant of temporary injunction,” the court observed.
The dispute began in 2022 when society members demanded additional carpet area under the 2011 redevelopment agreement. Huges Developers offered an enhanced RERA carpet area of 520 sq ft—36 sq ft more than originally promised—along with Rs 9 lakh compensation per member. Dissatisfied, the society terminated Hughes’ agreement and power of attorney in January 2023, appointing Kumar Vibes Properties Pvt Ltd as the new developer in September 2023.
Huges challenged this termination before a civil court, which in October 2024 declined to grant an injunction but required Kumar Vibes to secure a no-objection certificate (NOC) from Huges Developers.
The High Court disagreed with the NOC requirement, noting that Hughes’ rights could be safeguarded by other means. “But what must be ensured is that the redevelopment process is not halted till the court decides the contesting claims between the parties,” the bench stated. Stressing the urgency of reconstruction, the court allowed Kumar Vibes to proceed, subject to the society and developer depositing ₹5 crore as potential compensation to Huges if it prevails in civil proceedings.
Source: Hindustan Times
