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The Bombay High Court has permitted MHADA to use unclaimed flats in the Patra Chawl redevelopment for public housing if eligible residents fail to take possession by April 30. The court noted that completed homes should not remain unused in a city facing housing shortage. It also allowed delayed claim by residents with prior notice. The case includes concerns over construction quality, lease obligations, and misuse of rehabilitation units. The ruling aims to ensure better use of public housing stock while protecting the rights of original beneficiaries.
The Bombay High Court has allowed the Maharashtra Housing and Area Development Authority (MHADA) to utilise unclaimed rehabilitation flats in the Patra Chawl redevelopment project for public housing, in case eligible residents do not take possession by April 30. Advertisement
The matter relates to the Siddharth Nagar cooperative housing society in Goregaon, where several tenants had still not accepted their allotted flats despite the buildings being ready. The court observed that a few occupants cannot delay the use of completed housing units, especially in Mumbai where housing availability remains limited.
A bench of Justices Girish Kulkarni and Aarti Sathe noted that sufficient time had already been given to residents to raise and address their concerns. It stated that if flats continue to remain vacant after the deadline, MHADA would be free to allocate them for public housing purposes. At the same time, the court clarified that eligible occupants would still have the right to claim their flats later, provided they give a prior notice of three months.
Some residents had raised concerns regarding the quality of construction. Issues such as water leakage, falling plaster and non-functional lifts were highlighted as reasons for not taking possession. The court acknowledged these concerns but maintained that they cannot indefinitely delay occupation of the completed project.
The bench also pointed out the risk of illegal transfers and creation of third-party rights in rehabilitation flats. It stated that such practices could lead to loss of revenue for the government and stressed the need for a clear and uniform policy to regulate such housing units.
On the issue of land ownership, the court supported MHADA’s position that the land belongs to a public authority and lease rent obligations cannot be waived. It observed that beneficiaries of such schemes are required to comply with lease conditions, as these projects are developed on public land.
The Patra Chawl redevelopment has seen long delays over the years. The project was originally planned to rehabilitate around 672 families but was stalled due to financial irregularities and a major redevelopment scam involving diversion of funds. Following this, MHADA stepped in to take control of the project and complete the construction of rehabilitation buildings.
The court’s order ensures that completed flats do not remain idle while also keeping the option open for original allottees to return and claim their homes within a defined framework.
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