ANDHERI P.M.G.P. COLONY CO-OPERATIVE HOUSING SOCIETIES ASSOCIATION LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

(2.) This petition concerns subject matter of the redevelopment of 17 buildings belonging to the Maharashtra Housing Area Development Authority (for short, 'the MHADA'). In respect of such redevelopment, the Housing Department of the Government of Maharashtra issued a communication dtd. 28/5/2025 inter alia permitting redevelopment of the said 17 buildings, subject to a condition that each of the co-operative societies of the said 17 buildings shall pass a resolution granting its no objection for redevelopment, as contemplated under Clause 7(b) of Regulation 33(5) of the Development Control and Promotion Regulations, 2034 (for short 'DCPR 2034'). By the impugned communication dtd. 30/5/2025, the State Government has deleted/waived the said condition requiring a prior No Objection Certificate from the 17 societies, considering the facts and circumstances of the present case. At the outset, the said impugned communication is required to be noted which reads thus:- <IMG>JUDGEMENT_162_LAWS(BOM)1_2026_1.jpg</IMG>

(3.) The petitioner contends that it is an association of 17 co-operative housing societies which are formed by the cooperative societies of each of these 17 buildings, which were constructed by the Mumbai Housing and Area Development Board (MHADB). The allotment of tenements in each of these building(s) were made by MHADB. It is not in dispute that the MHADA is not only the owner of these buildings, but also the owner of the land beneath the buildings. The 17 buildings in question are ground plus four structures which were built in the year 1990-92 under the Prime Minister Grant Programme. There are about 986 tenements which were constructed, out of which 942 are residential and 44 are non residential.