The Bombay High Court has ruled in favor of 14 housing societies in the Juhu Vile Parle Development (JVPD) scheme, granting them ownership of common plots and amenities. This decision clarifies that these plots belong to the societies, not the Maharashtra Housing and Area Development Authority (MHADA). The dispute originated from the JVPD scheme's development in the 1950s and resurfaced between 2010 and 2017 when MHADA and the Brihanmumbai Municipal Corporation (BMC) claimed ownership. The court affirmed the societies' rights, a significant win that allows them full control over their areas, improving livability and setting a precedent for similar cases nationwide.
In a victory for resident welfare, the Bombay High Court has ruled in favour of 14 housing societies in the Juhu Vile Parle Development (JVPD) scheme. The court's decision clarifies ownership of common plots, including amenities and utilities,which now belong to the societies themselves, not the Maharashtra Housing and Area Development Authority (MHADA).
The legal battle stemmed from the development of the JVPD scheme in the 1950s. The government acquired approximately 223 acres of land for housing projects in Juhu and Vile Parle on both sides of the Irla Nullah. This initiative was undertaken at the request of the Juhu Vile Parle Development Cooperative Housing Association Ltd.
Following land acquisition, the government entrusted the project to the Bombay Housing Board (BHB). BHB then executed individual plot conveyances to the 14 societies, granting them ownership of their specific residential areas.Importantly, a separate conveyance was also established for the common plots, encompassing essential amenities like gardens, playgrounds, and internal roads.
Fast forward to 2010, the societies sought to complete the acquisition process for these common plots, aiming to formally designate them for specific purposes such as libraries and public markets. However, between 2010 and 2017, a complication arose. The Brihanmumbai Municipal Corporation (BMC) and MHADA (the successor to BHB) laid claim to ownership of the common plots, positioning the societies as tenants rather than owners.
Vithalnagar CHS Ltd, one of the concerned societies, took the matter to the Bombay High Court, contesting these claims.The court, in its judgement, highlighted that the government had explicitly authorised BHB to transfer the land, including common plots, to the societies. This transfer occurred decades ago, and the court ruled that BMC and MHADA could not raise objections based on their own interpretations of land ownership rules at this late stage.
This verdict is a significant win for the 14 housing societies. It grants them clear and undisputed ownership of their common areas, ensuring they have full control over their management and development. This control extends to amenities, utilities, and internal roads within the scheme, impacting the overall value and livability of the area. The ready reckoner rate for plots in JVPD reflects its high value, with land costing around INR 1-1.5 lakh per square metre and apartments costing approximately INR 65,000 per square foot. Societies now have the power to make decisions that directly affect the quality of life for residents in this upscale Mumbai neighbourhood, which is home to many celebrities and professionals.
Beyond the immediate impact on the JVPD scheme, this court decision serves as a precedent for similar housing projects across the country. It underscores the importance of clear documentation and adherence to established procedures during land acquisition and development projects to avoid future disputes.
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