A group of cooperative housing societies from Adarsh Nagar has approached the Bombay High Court challenging the Maharashtra government’s cluster redevelopment initiative for MHADA layouts in Adarsh Nagar and Bandra Reclamation. The petitioners contend that the proposed framework undermines the redevelopment rights and property interests of existing residents, while the state government maintains that the project is essential to modernise ageing housing colonies.
The petitions challenge Government Resolutions (GRs) issued on April 25, 2025, and December 15, 2025, which provide for integrated redevelopment of MHADA layouts through a cluster model. The High Court heard detailed submissions on Tuesday and is scheduled to continue proceedings on Wednesday.
Senior advocates representing the petitioners argued that the policy effectively compels housing societies to participate in a cluster redevelopment scheme without securing individual consent from flat owners. According to them, while society-level approval is required, the absence of individual consent impacts the rights of residents and property holders.
The petitioners further submitted that residents of sea-facing buildings in Adarsh Nagar could be rehabilitated elsewhere within the redevelopment zone, creating uncertainty regarding the location and nature of their future homes. They argued that the policy grants excessive discretion to MHADA and the selected developer in implementing the project.
Another key concern raised relates to the mandatory amalgamation of multiple societies, including Middle Income Group (MIG) and Lower Income Group (LIG) housing societies. The petitioners contended that such mergers are being proposed without following the statutory procedures ordinarily required for amalgamation and questioned how existing entitlements, society funds and ownership interests would be protected.
Invoking Article 300A of the Constitution and citing recent Supreme Court observations on property rights, the petitioners argued that the policy effectively deprives owners of their rights without due legal process. They also claimed the resolutions conflict with Development Control and Promotion Regulations (DCPR) 33(5) and 33(9), which govern redevelopment within MHADA layouts.
Opposing the petitions, the state government and Maharashtra Housing and Area Development Authority argued that the redevelopment programme is intended to rejuvenate ageing colonies constructed during the 1950s and 1960s. They stated that several buildings have become structurally weak and that the redevelopment would improve housing quality, infrastructure, and amenities for thousands of residents.
The matter will continue to be heard by the court on Wednesday.
Source: The Free Press Journal
