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Bombay HC Clears Motilal Nagar Redevelopment, Dismisses Residents’ Review Plea

Bombay High Court Ruling: Co-Promoter Liable to Pay Refund if Flat Delayed

The Bombay High Court on Friday dismissed a review petition filed by the Motilal Nagar Vikas Samiti, paving the way for the massive redevelopment of 141 acres of MHADA land in Goregaon West, Mumbai, popularly known as Motilal Nagar. With this, Adani Realty, appointed as the Consultant and Development Agency (CDA) by MHADA, can now move forward with Mumbai’s largest housing redevelopment project.

Background of the Case

Residents’ Key Contentions

  1. Right to Self-Development: As a registered society, residents claimed entitlement to self-develop the colony under government policy.

  2. Choice of Developer: Under Rule 33(5)(2) of DCPR, the society argued it could appoint a developer of its choice with MHADA’s NOC.

  3. 51% Consent Rule: Any redevelopment by the society with its own appointed developer required 51% member consent, which they claimed was achievable.

MHADA’s Counterarguments

High Court’s Decision

History of the Motilal Nagar Redevelopment Dispute

Impact of the HC Ruling

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