The Bombay High Court has pulled up authorities over delays in the long-pending Siddharth Nagar (Patra Chawl) redevelopment, making it clear that unresolved disputes cannot obstruct the handover of flats. The court directed the MHADA Chief Officer to address key issues while allowing residents to take possession of their homes.
A bench of Justices Girish Kulkarni and Aarti Sathe was hearing a petition filed by the Goregaon Siddharth Nagar Sahakari Griha Nirman Sanstha Limited. Senior advocate Pradeep Sancheti informed the court that residents were “ready and willing to take possession” of their tenements, with some already having moved in.
However, certain pending concerns were highlighted, including the defect liability period. On this, MHADA’s counsel Manisha Jagtap and contractor’s advocate Mahesh Londe argued that the defect liability clause is governed by contractual terms and “cannot be altered by any judicial order”. The court agreed, stating it must be “reckoned as agreed”.
The bench identified three major issues—lease tenure, lease rent, and land extent—for determination by MHADA’s Chief Officer. While the society demanded a 90-year lease, MHADA maintained that its policy permits only a 30-year term. The court directed the Chief Officer to take “an appropriate decision in accordance with law” after reviewing all documents.
On lease rent, the court observed that payments “ought not to be any issue”, noting the land is public property. “Whatever lease rent as per the policy… becomes payable, the petitioners would be required to pay the same, without any quarrel,” the bench said.
The court also asked authorities to resolve disputes over land area and financial claims. Crucially, it emphasised that possession must proceed, directing willing residents to execute Permanent Alternate Accommodation Agreements (PAAA). The matter will be heard next on April 17.
Source: The Free Press Journal
