In a significant humanitarian decision, the Maharashtra Housing Department has issued two Government Resolutions (GRs) on July 7, 2026, granting special, one-time inclusion to two women who have been living in middle toilet rooms (common toilet blocks used as residences) inside BDD chawls in Worli and Naigaon. Both will now receive 25 square metre (269 sq ft) rehabilitation tenements in the ongoing BDD Chawl Redevelopment Project.
The approvals come under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, even though the cases did not strictly qualify under Regulation 33(9)(b) of the Development Control and Promotion Regulations (DCPR) 2034. The government has clarified that these are exceptional, one-time measures that cannot be cited as precedent in any future case.
Project Background
The BDD chawl redevelopment project covering Worli, Naigaon and Na.M. Joshi Marg was approved by the state government on 30 March 2016. MHADA was appointed as the nodal agency under the “Sukoon Abhiyan”. A notification dated 27 December 2016 inserted Regulation 33(9)(b) in DCPR 2034 to enable rehabilitation of eligible pre-1 January 2000 structures.
The regulation, however, contains strict conditions. Clause 3(a) generally bars rehabilitation for tenancies created after 13 June 1996. Toilet rooms, being common facilities and not regular tenements, also fall outside normal eligibility. Despite this, the government examined the actual long-term residential use in both cases through inspections and hearings.
Worli – BDD Chawl No. 61: Jayashree Gunratan Bansode
Smt. Jayashree Gunratan Bansode has been residing in the ground-floor middle toilet room of Chawl No. 61, Worli, along with her two children since 1994. Her father has lived in the chawl since 1924; she returned to her parental home after marriage for family reasons.
During the redevelopment survey, her occupation came to light. She was given a personal hearing before the Additional Chief Secretary (Housing). She produced a 2007 bank passbook, a 2010 no-objection certificate from other chawl members regarding her stay, and her 2018 voter identity card. However, she could not submit documents specifically from 1994.
A joint inspection on 2 February 2026 by BDD officials and the Director confirmed that she and her family were actually residing in the toilet room for residential purposes. While the case did not meet the standard cut-off requirements of Regulation 33(9)(b), the government noted the long possession and pre-2000 structure provisions. It decided to treat the matter as a special, one-time exception and include her for a 25 sq.m. rehabilitation tenement.
Na.M. Joshi Marg – BDD Chawl No. 18: Malan Baburao Badekar
This case had reached the Bombay High Court. Smt. Malan Baburao Badekar has been living in the first-floor middle toilet room (18/81) of Chawl No. 18 at Na.M. Joshi Marg, Naigaon, for over 40 years (since around 1985). Her late husband, Baburao Badekar (who passed away in 2024), was employed in the Electricity Department and had been allotted the space as service quarters in 1978.
After the chawl was vacated for redevelopment, an eviction notice was issued on 4 September 2025. She filed Writ Petition No. 39233 of 2025 in the Bombay High Court. Following court directions, a Court Officer along with PWD and MHADA representatives inspected the premises and confirmed residential use.
The High Court observed that she is a senior citizen, her family has used the space for residential purposes for decades, and she appeared entitled to permanent alternative accommodation (PAA) like other eligible residents. It directed sympathetic consideration.
She submitted pre-1996 documents including election identity card, medical certificates and her daughter’s marriage certificate. After a hearing before the Additional Chief Secretary (Housing) and fresh inspection confirming actual residence, the government approved her inclusion as a special one-time case for a 25 sq.m. rehabilitation tenement.
Government’s Rationale
In both GRs, the Housing Department clearly stated that the requests could not be granted under the normal provisions of Regulation 33(9)(b) because of the nature of the structures (middle toilet rooms) and, in one case, insufficient evidence of pre-cut-off tenancy creation.
However, the government took into account:
- Actual long-term residential use confirmed by joint inspections
- Documentary evidence of possession predating 1 January 2000
- Principles of natural justice and equity
- In the Naigaon case, the specific observations and directions of the Bombay High Court
The approvals were therefore granted as special, one-time exceptions only. Both GRs explicitly state that these decisions will not be treated as precedent and cannot be used in any other matter. The women will be rehabilitated in the new buildings coming up under the BDD project.
The GRs have been uploaded on the official Maharashtra government portal (www.maharashtra.gov.in) with computer codes 202607071713461709 and 202607071715030309 respectively. Copies have been sent to all concerned authorities, including MHADA, the Director of BDD Chawls, and the two women themselves.
Implications for Redevelopment Projects
These GRs highlight the practical challenges in old BDD chawl redevelopment where common facilities have sometimes been used as living spaces for decades due to space constraints or historical allotments (such as service quarters). They show that while the government will enforce cut-off dates and eligibility norms strictly in the larger project, it is willing to consider genuine, long-standing cases backed by evidence of actual residential use, especially when they involve vulnerable persons such as women and senior citizens.
For residents, housing societies and activists involved in BDD, MHADA or SRA redevelopment projects, the decisions underscore two key points: proper documentation of occupancy remains critical, and special representations supported by inspection reports and court observations can sometimes receive sympathetic consideration — though always as narrow, one-time exceptions.
The BDD Chawl Redevelopment Project continues to progress with MHADA as the implementing agency, aiming to replace decades-old structures with modern buildings while rehabilitating eligible occupants.
