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The Bombay High Court has directed MHADA and BMC not to insist on a no-objection certificate from the previous developer for the redevelopment of a Girgaum building that had been stalled for over a decade. The decision is expected to expedite the redevelopment process and provide relief to the affected families. The court set timelines for granting permissions and directed the liquidator to remove equipment or machinery lying on the site. The decision highlights the need for a more efficient and effective redevelopment process that is sensitive to the needs of the affected families.
The Bombay High Court has directed the Maharashtra Housing and Area Development Authority (MHADA) and the Brihanmumbai Municipal Corporation (BMC) not to insist on a no-objection certificate (NOC) from the previous developer of a Girgaum building to enable the redevelopment of a stalled project.
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The order was passed by Justices Gautam Patel and Neela Gokhale on April 11, after they were informed that Vardhaman Group Realbuild LLP (VGRL) would redevelop the Ratilal Mansion Cooperative Housing Society, a cessed building whose 44 members have been out of their homes since 2009.
The members of the society had not received transit rents since 2013, and the construction had come to a halt after the developer, Orbit Corporation Ltd, went into liquidation. The society's advocate, Gautam Ankhad, submitted draft minutes of the order, but the judges directed MHADA and BMC to consider the society's applications for permissions. They made it clear clear that neither MHADA nor BMC would insist on an NOC from the erstwhile developer, architects, engineers, surveyors, security guards, other consultants, or staff previously engaged by Orbit Corporation Ltd.
The judges set broad timelines for MHADA and BMC to grant permissions, including a commencement certificate and sanction of fresh and revised plans. They also directed BMC to decide sympathetically and on merit the society's application for reduction or waiver of property tax arrears and for raising the attachment of property. The judges noted that it was for Orbit or the official liquidator to remove equipment or machinery lying on the site, and they directed the liquidator to remove it. If he does not, the society or clear VGRL may sell and remit the proceeds to the liquidator.
The judges emphasized that they would not permit the official liquidator to stall the redevelopment, as he had already exited the project and given NOC to MHADA. They added that since the project had been stalled for a very long time, MHADA and BMC must endeavour to adhere to the timelines. They concluded by directing the matter to be listed for further directions on June 26.
The court's decision is a significant relief for the members of the society who have been waiting for over a decade to return to their homes. The NOC requirement had been a major roadblock for the redevelopment of the building, as the previous developer had gone into liquidation, making it impossible to obtain the necessary clearance. The court's order to waive the NOC requirement and set timelines for granting permissions is expected to expedite the redevelopment process and provide relief to the affected families.
The decision also highlights the importance of expediting the redevelopment of stalled projects and providing relief to those affected by delays. It is crucial to ensure that the process of obtaining clearances and approvals is streamlined and expedited to prevent further delays and hardships to the affected families. The court's decision sets a positive precedent and highlights the need for a more efficient and effective redevelopment process that is sensitive to the needs of the affected families.
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