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The Bombay High Court has ordered a probe into 935 redevelopment notices issued by MHADA's Mumbai Building Repairs and Reconstruction Board (MBRRB), questioning their legitimacy. The court found that these notices-labeling cessed buildings as dangerous-were based only on visual inspections, without structural assessments. A two-member committee led by retired judges will investigate whether officials acted arbitrarily or with improper motives. The court criticized MHADA's reliance on a December 2024 SOP that allegedly exceeded legal authority. This ruling reinforces property rights and curbs misuse of Section 79A of MHADA guidelines. The case will be reviewed on August 12, with a report due in six months.
The Bombay High Court has ordered an investigation into 935 redevelopment notices issued by the Mumbai Building Repairs and Reconstruction Board (MBRRB), a unit of MHADA. These notices, given to owners of cessed buildings in prime Mumbai areas, allegedly labeled structures as dangerous based only on visual inspections. Advertisement
The High Court stated that buildings cannot be declared dangerous simply by an officer's word, but must follow legal procedures. It observed that executive engineers were acting arbitrarily, potentially motivated by improper interests, in issuing notices for redevelopment without verifying the actual need.
A two-member committee has been formed, including Retired Justice Devadhar and Retired District Judge Vilas D. Dongre. This committee will investigate the legitimacy of these notices, the roles and motives of officials involved, and any actions taken to withdraw them. They will also examine an SOP (Standard Operating Procedure) from December 5, 2024, which the court said created a separate system, giving officials power they did not have to issue such notices.
The notices aimed to acquire cessed properties for redevelopment if owners or tenants did not undertake it, effectively forcing redevelopment under MHADA's terms. MHADA had admitted in court that no structural assessments were done, and decisions were based only on superficial checks.
There are over 13,000 old cessed buildings in Mumbai built before 1940 that MHADA is meant to repair. Despite a law allowing owners with 51 percent tenant consent to redevelop, MHADA stated owners often do not come forward even when buildings are declared unsafe.
The High Court's ruling defends property rights and checks the misuse of government power. It may change how emergency redevelopment notices can be issued, especially under Section 79A of MHADA guidelines. The court rejected MHADA's plea to stop the order. The matter will be reviewed on August 12, and the committee is asked to submit its report in six mont
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