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Attribution: Adapted from Swati Deshpande, The Times of India, “HC orders probe into 900+ Mhada notices for redevelopment by dubbing buildings dangerous” (Jul 29, 2025)
Original source: Times of India
Article (Rewritten)
The Bombay High Court on July 29, 2025, has launched a formal probe into 935 notices issued by MHADA (Maharashtra Housing and Area Development Authority) for redevelopment of older cessed buildings in Mumbai. The court ruled that these redevelopment notices were issued arbitrarily by MHADA executive engineers—often without proper structural surveys or jurisdiction—raising concerns of misuse of power and potential vested interests benefiting from the redevelopment process.
A division bench of Justices Girish Kulkarni and Arif Doctor described the actions as “colossal misuse of authority,” pointing out that notices were being served based on mere visual inspection rather than legal protocol. Petitioners claimed such notices infringed upon the constitutional rights of owners and tenants of cessed buildings, often located in upscale areas like Nepean Sea Road, Walkeshwar, and Gamdevi Road.
Under Section 79A of the MHADA Act, redevelopment powers may only be exercised after a building is formally declared dangerous by the BMC or another competent authority. However, MHADA engineers bypassed this stipulation, allegedly issuing notices to facilitate redevelopment that could financially benefit third parties through offered Floor Space Index (FSI) incentives.
To investigate the matter, the court has appointed a two-member inquiry panel chaired by former High Court judge Justice J. P. Deodhar along with retired district judge Vilas D. Dongre. The panel is tasked with examining the circumstances surrounding all 935 notices, including any improper withdrawal or continuing implementation. The panel has been instructed to submit its findings within six months.
The court clarified that staying the notices alone is insufficient and mandated the inquiry to uncover the intentions, authority, and possible abuse by MHADA officials—particularly whether an internal SOP dated December 5, 2024 was misused to authorize this parallel decision-making mechanism.
The case highlights MHADA’s responsibility for approximately 13,000-plus dilapidated cessed buildings in Mumbai, many constructed prior to 1940. Although the board is empowered to initiate redevelopment when owners or tenants fail to act, the court noted that such power cannot be wielded unilaterally or without adhering to statutory checks and permissions.