Mumbai: The Bombay High Court on Friday dismissed a review plea, paving the way for the redevelopment of 141 acres of MHADA land in Goregaon West, known as Motilal Nagar. MHADA recently appointed Adani Realty as the Consultant and Development Agency (CDA) for the project.
HC Dismisses Review Plea Against Goregaon Redevelopment
Motilal Nagar Vikas Samiti, representing 21 societies, had filed the review petition seeking a recall and quashing of the March judgment by the HC bench of Chief Justice Alok Aradhe and Justice Bharati Dangre. The residents had also sought, as interim relief, a stay on MHADA and the developer from proceeding with the project.
HC Upholds MHADA’s Ownership Rights in Redevelopment
On March 6, the HC had allowed the Maharashtra Housing and Area Development Authority (MHADA) to proceed with the redevelopment of one of Mumbai’s largest residential areas through private developers. The HC had also disposed of a public interest litigation filed in 2013, which sought action against rampant illegal constructions on the land.
Residents Cited Consent Clause, Self-Redevelopment Rights
The petitioners sought a review of the earlier order on three grounds. First, they contended that the society ought to be allowed to self-develop the premises under government policy. Second, they claimed that under Rule 33(5)(2) of the Development Control and Promotion Regulations (DCPR), the society can appoint a developer of its choice.
Finally, they argued that any such redevelopment undertaken by a private developer with MHADA’s NOC would require the consent of 51% of the members.
Senior advocate Darius Khambata, representing MHADA, submitted that no new grounds were raised by the petitioners. He pointed out that the HC, after considering all aspects, had already recognised MHADA’s rights under the law as the owner of the property to redevelop the premises through private developers by inviting bids.
Khambata also noted that the petitioner had, in earlier proceedings, filed an affidavit stating that it wanted MHADA itself to carry out the redevelopment.
Following a tendering process, MHADA appointed Adani Realty as the CDA. The review plea, placed before the same division bench, challenged the appointment of the developer. The HC said a reasoned order would be made available later.
Earlier, two PILs had been filed in the HC regarding unauthorised constructions in Motilal Nagar 1, 2, and 3. The court had ordered the demolition of illegal structures. Over time, the focus shifted toward comprehensive redevelopment of the colony. At that stage, MHADA had assured the court via an affidavit that it would execute the project “on its own,” leading to the 2013 High Court order reflecting that commitment.
Redevelopment Gets ‘Special Project’ Tag from Maharashtra Govt
On September 8, 2021, the Maharashtra Cabinet approved the redevelopment of Motilal Nagar by MHADA through a CDA, granting the project “Special Project” status. A Government Resolution (GR) to this effect was issued on October 6, 2021.
Bombay HC Clears ₹30,000 Crore Motilal Nagar Redevelopment In Goregaon; Adani, L&T In Final Bidding5,300 Families to Be Rehabilitated in Redevelopment Plan
Following the Cabinet’s approval, MHADA initiated a tendering process. As part of the redevelopment project, 5,300 families — including 3,700 MHADA residents and 1,600 hutment dwellers — will be rehabilitated.
Built in 1960 to accommodate economically weaker sections, Motilal Nagar originally consisted of 200 sq ft homes. Over the years, many residents extended their homes illegally.
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