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Bombay HC upholds MHADA Right of Cluster Redevelopment

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Judgment dated 2.7.2026 of the High Court of Bombay in Writ Petition (L) No.16257 of 2026 of M.I.G. Adarsh Nagar Cooperative Society Limited  Vs.  The State of Maharashtra and others with connected writ petitions

On the lands allotted by the Government and MCGM for perpetual lease of 999 years, the State Government and MHADA, the cluster redevelopment is proposed as per the DCPR 2034 of Bandra and Worli Housing Societies.

The petitioner Societies are concerned with the integrated redevelopment vide Government Resolutions dated 25.4.2025 & 15.12.2025 and the tender dated 8.4.2026.

The sub-lease executed in favour of the petitioner, in Clause 5 requires the society to comply with rules, regulations, by laws and conditions prescribed by the Government, local authority or statutory body, whether existing then or prescribed thereafter. Similarly, Clause 10 requires the society to observe and be bound by the rules, regulations and by-laws under the relevant Act.

Regulation 21(5) which clearly stipulates that the allottee shall hold the property on lease duly executed in that behalf as tenants of the Authority and till the lease is in force, the property shall remain as the authority premises subject to the provisions of the Act.

Regulation 33(5) of DCPR 2034 provides for the redevelopment of MHADA housing schemes and layouts.

The entire case of the petitioners is that during the subsistence of a valid sub-lease in their favour, standalone redevelopment should be permitted at the behest of the individual societies. There are approximately 5000 societies forming part of MHADA layouts/housing stock, and therefore if the State of Maharashtra has taken a policy decision which is in conformity with the statutory provisions that a standalone redevelopment at behest of one society will defeat the object of integrated/cluster redevelopment, we do not find such a stand unreasonable or arbitrary especially when no prejudice is caused to the petitioner members and their rights in the tenement are secured.

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