In a significant order concerning Mumbai’s redevelopment disputes, the Bombay High Court has permitted the redevelopment of an 80-year-old building in Matunga East, dismissing a challenge mounted by a group of tenants against eviction proceedings initiated by MHADA.
On February 3, the court rejected a writ petition contesting an eviction notice issued under Section 95(A) of the MHADA Act for the redevelopment of Buddhisagar Co-operative Housing Society. The bench observed that individual resistance cannot override a lawful collective decision, particularly in the case of ageing and dilapidated structures.
The society comprises 12 tenant families occupying 14 flats. Seven families had consented to the redevelopment and vacated their premises, while five tenants opposed the project and challenged the eviction notice. “After the developer submitted a valid application and since a clear majority had given consent, the eviction notice was issued as per law,” said Rakesh Dhanwate, executive engineer, MHADA. “The notice was challenged by one tenant in the high court.”
The redevelopment process began in 2021 when Innovative Realest Pvt Ltd was appointed as developer. A registered development agreement was executed, powers of attorney were granted, and hardship compensation totalling Rs 1.75 crore was paid in instalments of Rs 50 lakh, Rs 75 lakh and Rs 50 lakh. Approvals were secured from MHADA, the municipal corporation, the collector’s office and the chief fire officer. Rent was offered at Rs 110 per sq ft, with alternate accommodation in Sion.
Disputes arose after some tenants allegedly sought higher rent and additional area. “Without general body approval, unilateral termination notices were issued to us through advocates,” said Rajiv Mehta, managing director of Innovative Realest. “This forced other members to approach the registrar under Section 78A for obstruction and mismanagement.”
The court noted that compensation had been accepted and that key facts were suppressed. It termed the petition “grossly misconceived,” dismissed it with Rs 1 lakh costs payable to the Maharashtra Legal Services Authority, and pointed out that the society was not made a party. “We will vacate the house and pay Rs 1 lakh. We do not wish to comment further,” said petitioner Manoj Broker.
Source: Mid-day
