In a significant order aimed at ending years of delay in the high-profile Patra Chawl redevelopment project in Goregaon, the Bombay High Court has directed that all original residents must take possession of their newly constructed rehabilitation flats by 30 April 2026. If any members fail to do so, the Maharashtra Housing and Area Development Authority (MHADA) has been explicitly permitted to utilise the vacant flats for public housing purposes, such as accommodating other project-affected persons or civic needs.
The Division Bench of Justices G.S. Kulkarni and Aarti Sathe passed the order yesterday (17 April 2026) while disposing of Writ Petition No. 651 of 2025 filed by Goregaon Siddharth Nagar Sahakari Griha Nirman Sanstha Limited (the resident society).
Background and Long-Pending Issues
The Patra Chawl (Siddharth Nagar) redevelopment project, undertaken by MHADA with contractor Relcom Infraproject, has been mired in disputes for over 17 years. Original residents were shifted to transit accommodation years ago, with MHADA incurring massive expenditure on transit rent (reportedly running into several crore rupees). The society had approached the High Court raising multiple grievances, including quality of construction, terms of the proposed lease from MHADA, the exact area of land to be leased, lease rent, and shortfall in amenities.
In its earlier order dated 2 April 2026, the same bench had flagged five key issues for resolution by MHADA’s Chief Officer after hearing both sides:
- Term of the lease (society wanted 90 years; MHADA offered 30 years as per policy)
- Lease rent and premium
- Area of land to be leased (society claimed 13.18 acres based on an old allotment letter; MHADA offered only 4.3 acres)
- Authority of the Chief Officer to decide lease terms
- Compensation for shortfall in amenities
Yesterday’s order records that while some progress has been made, the society is still not willing to accept MHADA’s stand on the land area. The court, however, refused to adjudicate disputed questions of fact such as land title or entitlement in writ proceedings. It has kept all such contentions open for the society to agitate in an appropriate civil suit.
Firm Deadline for Possession
The court was informed that 39 members have already taken possession of their rehab flats. Senior Advocate Pradeep Sancheti, appearing for the society, stated on instructions that all remaining members are ready and willing to take possession.
To ensure smooth handover, the bench directed MHADA to depute officers/representatives at the site daily between 10:30 a.m. and 5:30 p.m. so that formalities can be completed and possession handed over by the deadline of 30 April 2026.
In a clear and firm message to the residents, the court observed that sufficient time and opportunities had already been granted. Therefore, if any members fail to take possession by 30 April 2026, MHADA will be entitled to presume that such members are “not immediately interested” or “not in need” of the tenements. In that event, MHADA can re-allocate the vacant flats for appropriate public housing purposes.
Three-Month Notice for Late Possession
The order provides a safety net for members who may wish to occupy the flats later. Any member who subsequently decides to take possession can approach the designated MHADA officer by giving three months’ notice expressing their intention. Possession will then be granted subject to availability and compliance with formalities.
Other Key Directions and Observations
- Lease Rent: The court described the lease rent issue as a “non-issue”. It noted that the rent of ₹12,000 per year per tenement is “neither unduly exorbitant nor beyond the capacity of the members” in a city like Mumbai. The society will have to pay lease rent as per MHADA’s prevailing policy for similar societies.
- Construction Quality: The society had raised concerns about plastering defects pointed out in the VJTI report. Advocate Mahesh Londhe for the contractor informed the court that re-plastering work is already in progress. The bench accepted this statement.
- Reimbursement: MHADA has agreed to pay ₹20 lakh to the society as reimbursement (an issue on which there was no dispute).
- Court Observer’s Fees: MHADA has been directed to deposit an additional ₹25,000 with the Registry within two weeks for payment to the Court Observer.
- Final Disposal: The writ petition has been disposed of with the above directions. All interim applications also stand disposed of. The court clarified that it has not adjudicated any other issues and that all parties’ contentions remain open for future proceedings.
MHADA was represented by Advocate Manisha Jagtap, while the State was represented by AGP Anupama Pawar.
This order is being seen as a major step towards completing the long-delayed project and protecting public funds from further drain on transit rent. With the April 30 deadline just 12 days away, residents of Patra Chawl now face a clear choice: move into their new homes immediately or risk losing priority to the flats.
Also Read: Patra Chawl tenants may finally have a home
