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The Bombay High Court has directed residents of Motilal Nehru Nagar CHS, an SRA project in Bandra-Kurla Complex, to undo unauthorised alterations within four weeks. The order follows an SRA notice flagging violations such as extra floors inside flats and conversion of common areas into kitchens, banquet halls, and party spaces. The court stressed that no authority can regularise such illegal construction, citing a 2024 Supreme Court ruling that declared such acts "incurable illegality." While residents' counsel assured cooperation, judges warned of immediate enforcement if compliance is delayed. The ruling reinforces strict adherence to SRA housing rules and curbs commercial misuse.
The Bombay High Court has asked residents of Motilal Nehru Nagar Cooperative Housing Society, an SRA project at Bandra-Kurla Complex, to remove unauthorised alterations and misuse of common spaces. The order followed a notice from the Slum Rehabilitation Authority dated 18th August, 2025, which recorded violations such as construction of extra floors within their flats and conversion of shared areas into kitchens, banquet halls, and party spaces. Advertisement
The bench gave residents four weeks to restore the premises to their original state. During this compliance period, enforcement action has been temporarily kept on hold. However, the court cautioned that failure to provide an undertaking or to act within the given time would be treated as refusal, paving the way for immediate legal action.
The court firmly stated that no authority can regularise such changes. Referring to earlier judicial pronouncements, it reiterated that illegal construction cannot be legitimised under any circumstances. A Supreme Court ruling in 2024 had also made this position clear, warning that approval of unauthorised structures would weaken enforcement and encourage further violations.
The residents' lawyer argued that the flats were allotted only for residential use and assured the court of cooperation. The court, however, maintained that the unauthorised modifications must be undone and stressed out on strict following of building approvals.
This decision is part of a wider judicial approach. In previous rulings, the High Court has rejected attempts to legalise illegal structures later on, describing such construction as 'incurable illegality.In one of the cases this year, the court allowed affected residents to claim compensation from developers instead of letting the illegal changes stay.
The Slum Rehabilitation Authority was created to provide free housing to eligible slum dwellers while enabling redevelopment of prime city land. Each project has strict terms to ensure that residences are used for the purpose they were meant for and are not exploited for commercial gain. Courts have consistently acted against attempts to misuse these flats, particularly in high-value areas like Bandra-Kurla Complex where land is hard to find.
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