The Bombay High Court has ruled that personal disputes over property and marriage cannot be allowed to delay redevelopment projects involving multiple residents, paving the way for a long-stalled housing project in Santacruz.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande was hearing an interim plea filed by a 60-year-old woman involved in an ongoing matrimonial dispute with her estranged husband. The court observed that the disagreement had halted the redevelopment of a 13-flat building, affecting 12 other residents who had already vacated their homes.
The 59-year-old structure, part of Vrinda Co-operative Housing Society Ltd, had been cleared by all occupants except the applicant, bringing demolition and reconstruction to a standstill. The developer informed the court that possession was originally scheduled for April 2026, but work could not proceed due to continued occupation of one flat.
The dispute revolves around a residence occupied by the couple since 1990. While the husband argued that the flat was no longer a matrimonial home and had been transferred to his sister, the wife maintained her right to continue living there, citing fears of displacement.
To resolve the deadlock, the court directed that the Permanent Alternate Accommodation Agreement (PAAA) be executed with the sister listed as the legal owner, while the wife signs as the occupant. It emphasised that ownership disputes can be settled separately and should not obstruct redevelopment affecting others.
The court further clarified that possession of the redeveloped property would be subject to the final outcome of pending civil proceedings. The developer has agreed to provide ₹8 lakh to the applicant towards rent, relocation, and hardship expenses. With the agreement to be executed within a week and the occupant set to vacate within two weeks, the redevelopment project is now set to move forward.
Source: Mumbai Mirror
