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High Court verdict on MHADA projects worries occupants of dilapidated buildings

Lakhs fear losing homes as housing authority files plea in SC challenging lower court’s judgment deeming it incompetent to issue notices; the state housing body has, thus, filed a special leave petition (SLP) in the Supreme Court against the high court’s judgment dated April 3, 2025, in connection with a writ petition

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Kubal Niwas, a dilapidated house in Dadar West, which houses two families. FILE PIC/SAYYED SAMEER ABEDI

Kubal Niwas, a dilapidated house in Dadar West, which houses two families. FILE PIC/SAYYED SAMEER ABEDI

The Maharashtra Housing and Area Development Authority (MHADA) has approached the Supreme Court to challenge a ruling by the Bombay High Court, which held that it was not a “competent authority” to initiate redevelopment under certain provisions of law. This decision could affect lakhs of tenants and redevelopment projects across the state.

The state housing body has, thus, filed a special leave petition (SLP) in the Supreme Court against the high court’s judgment dated April 3, 2025, in connection with a writ petition. The petitioner, who wished to be anonymous, had challenged the 79(A) notice given to his building and had stated that the executive engineer of MHADA was not a competent authority to issue such notices, which should be issued by district-appointed judges or equivalent-level authorities as per Section 65 and 2(11) of the MHADA Act.

The high court had observed that neither MHADA nor the Mumbai Building Repairs and Reconstruction Board (MBRRB) could be treated as the “competent authority” for issuing redevelopment-related notices under Section 354 of the Mumbai Municipal Corporation Act.

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