October 28, 2025: The Bombay High Court has directed the Maharashtra Housing and Area Development Authority (MHADA) to promptly issue a No Objection Certificate (NOC) for the redevelopment of a severely dilapidated building in Borivali, emphasising that the authority cannot delay action when residents’ safety is at risk.
“We cannot accept the position that MHADA withholds the NOC when members of the petitioner society are residing in a dilapidated building and it is the legal obligation of the MHADA to grant an NOC in such circumstances, more particularly, there being no legal hurdle whatsoever,” observed the division bench of Justices Girish Kulkarni and Aarti Sathe on September 30. The court added that officials could not be blamed in case of any untoward incident arising from inaction.
The directive came in response to a petition filed by the Borivali Himkanya Co-operative Housing Society, which had been awaiting Mhada’s clearance to redevelop its C1-classified structure — a category denoting buildings that are unsafe and require immediate demolition. Though the society had appointed a developer, a private legal dispute between the two parties had stalled the NOC process.
Earlier, on September 2, the bench had clarified that “granting of NOC would not in any manner disturb the nature of private litigation in any way,” and such disputes cannot impede redevelopment.
Acknowledging the urgent need for action, the court instructed MHADA to issue the NOC within two weeks, noting that all members of the society unanimously supported redevelopment. “None of the society members shall obstruct redevelopment and shall immediately take steps to occupy alternate premises as may be thought proper,” the court ordered.
The judgment reinforces the judiciary’s stance that housing authorities must prioritize safety and expedite clearances for rebuilding structurally unsafe properties.
Source: Hindustan Times
