September 17, 2025: On September 9, 2025, the Bombay High Court delivered a landmark ruling that removes a major roadblock in Mumbai’s redevelopment sector. The Court held that new developers do not need two-thirds consent from the allottees of a terminated developer to register projects with the Maharashtra Real Estate Regulatory Authority (MahaRERA). This move is expected to unlock thousands of stalled projects and fast-track redevelopment across the city.
The judgment arose from a petition by Tuvin Constructions LLP regarding the Vilas Vaibhav Co-operative Housing Society project. The society had terminated its 2014 agreement with Aditya Developer in 2023 and appointed Tuvin as the new developer in 2024. When MahaRERA demanded consent under Section 15 of RERA in 2025, the Court clarified that “once an erstwhile developer’s rights are terminated, old allottees cannot extend claims to the new developer.”
The decision, delivered by Justices Riyaz Chagla and Farhan Dubash, directed MahaRERA to process registrations without delay, rejecting a request for a stay.
This verdict provides clarity and speed for societies seeking new partnerships, while ensuring that claims from previous buyers remain with the old developer. It marks a turning point in easing Mumbai’s redevelopment bottlenecks and boosting housing supply.
Source: The Free Press Journal
