Bombay HC Finds Middle Path – Redevelopment Allowed While Protecting ED’s Attachment
Judgment dated 13.10.2026 of the High Court of Bombay in Writ Petition No.11339 of 2026 of Antaral Cooperative Housing Society through its Chairman Netra Bhalerao Vs. The Enforcement Directorate (ED) and others
Flat No.4 of the petitioner society building consisting of ten flats and twelve members was attached by the ED since it was purchased by money laundering. On 26.2.2023, the offence was registered against the respondent no.3.
The Adjudicating Authority, at a subsequent point of time, in exercise of its power under Section 8(3) of the Prevention of Money Laundering Act, 2000 (for short, “PML Act”) has confirmed the provisional attachment and the attachment continue to remain in force as on date.
- The difficulty posed by the Petitioner-society is that the building is more than 44 years old and it lack modern safety amenities as well as a lift facility and it has become unsafe and unsuitable for occupation. It is a specific plea of the Petitioner society that large number of the members of the society are senior citizens and directly affected by the deteriorating condition of the building and, therefore, the society proposes to redevelop it.
In the wake of the attachment of Flat No.4 by ED, the communication was addressed by the society to it for securing a No-Objection Certificate (NOC), as if the building has to be demolished and redeveloped, it would also involve Flat No.4. However, on 02/09/2025, the request was rejected by informing the Petitioner-society that the flat is under attachment and was in custody of the learned Special Court and, therefore, the appropriate forum shall be approached.
It is the specific pleading in the Petition that because of this one flat in the society, all other members are put in inconvenience, as the work of the development cannot take place if at all Flat No.4 is to be kept intact. It is in this background, the Petitioner-society has approached this Court seeking writ of mandamus for issuance of a No-Objection Certificate for the redevelopment of the Petitioner-society in respect of Flat No.4, subject to preservation of the attachment over the concerned redeveloped unit.
-0-
