A Division Bench comprising Justices R.I. Chagla and Farhan P. Dubash dismissed Writ Petition No. 3929 of 2024 filed by M/s. Sunshine Builders and Developers (through its partner Mr. Shailesh Mehta) on Tuesday, February 4, 2026. The court refused to interfere with the Debts Recovery Appellate Tribunal’s (DRAT) order dated February 29, 2024, which directed the petitioner to deposit ₹125 crore (in three instalments) as a condition precedent for entertaining its appeal under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

The dispute centres on a large parcel of land in Village Gundavali, Taluka Andheri (CTS Nos. 78 and 79, corresponding to Survey Nos. 91/2 and 4/3), admeasuring approximately 30,501.60 square metres along the Western Express Highway in Andheri East, Mumbai. The property, declared a slum under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, was originally earmarked for a slum rehabilitation scheme (SRA project). Sunshine Builders was appointed as the developer by the slum dwellers’ cooperative society.

In 2011, Sunshine Builders entered into co-development agreements with Gigaplex Developers Pvt. Ltd. (Respondent No. 3, now in liquidation), appointing Gigaplex as co-developer. Under these agreements (dated March 21, 2011; March 31, 2011; and later a third in December 2013), Sunshine Builders was entitled to a share of revenue or constructed area from the free-sale component. Powers of attorney were executed, allowing Gigaplex’s nominees to create encumbrances, though Sunshine Builders claims it never authorised mortgaging its share.

Gigaplex, however, executed two registered Deeds of Simple Mortgage (December 30, 2011, and March 12, 2013) in favour of HDFC Bank Ltd. (Respondent No. 1), mortgaging the property (excluding Sunshine’s alleged revenue share) along with another Bandra property owned by Kaveri Estate Pvt. Ltd. (Respondent No. 4) to secure loans extended to Gigaplex.

Following Gigaplex’s default, HDFC Bank issued notices under Section 13(2) of the SARFAESI Act in 2017, took symbolic possession, and later obtained physical possession via a Section 14 order in 2019. The bank auctioned the property, issuing a Sale Certificate on December 24, 2019, to Havemore Realty Pvt. Ltd. (Respondent No. 5, the auction purchaser) for ₹232 crore. Havemore later mortgaged it back to HDFC Bank and, on May 2, 2023, entered into a registered Development Agreement with Lodha Developers Ltd. (Respondent No. 6, represented in court).

Sunshine Builders challenged the bank’s actions by filing Securitisation Application No. 82 of 2019 before the Debts Recovery Tribunal (DRT), Mumbai, in September 2017 (initially challenging early measures). Upon learning of the 2019 sale (around February 2020), it sought to amend the application in January 2021 to implead Havemore Realty, add subsequent facts, challenge the sale, and seek condonation of delay.

The DRT dismissed both applications via a common order dated October 7, 2022, holding that the amendments were belated, unexplained, and would alter the nature of the lis, while noting Sunshine Builders’ delay despite knowledge and its parallel Commercial Suit No. 1003 of 2019 (still pending without interim relief).

Sunshine Builders appealed to DRAT, seeking waiver of the 50% pre-deposit under Section 18(1) SARFAESI Act, arguing it was not a “borrower” and the DRT order was merely procedural. DRAT rejected the waiver plea in February 2024, directing the ₹125 crore deposit.

The High Court, after detailed hearings (reserved on December 16, 2025), ruled that:

• Sunshine Builders qualifies as a “borrower” under Section 2(1)(f) SARFAESI Act, as it is a co-mortgagor in the registered mortgage deeds.
• The DRT’s common order was substantive — it effectively extinguished Sunshine Builders’ right to challenge the concluded auction sale post-limitation — not merely procedural.
• Section 18(1) mandates pre-deposit for “any order” under Section 17, including interlocutory ones, with no statutory exception for procedural refusals.
• Judicial precedents (e.g., Union Bank of India vs. Rajat Infrastructure, Raj Kumar Shivhare vs. ED) confirm the pre-deposit is absolute and non-waivable.
• Equities heavily favour third parties: Lodha Developers has spent over ₹80 crore on construction (four G+15 towers, 53% units sold, 8 rehab buildings completed and occupied by slum dwellers as of August 2025).

The court dismissed the petition with no costs, leaving Sunshine Builders to deposit ₹125 crore if it wishes to pursue the appeal on merits before DRAT.

This ruling underscores the strict pre-deposit regime under SARFAESI to deter delays in secured creditor recoveries, while protecting bona fide third-party rights in advanced redevelopment projects.

Also Read: Redevelopment Disputes Can’t Be Thrown Out Without Trial: Bombay High Court

The post Auction Done, Towers Rising: Court Rejects Builder’s Bid to Bypass ₹125 Crore Deposit appeared first on Square Feat India.

The order came in a writ petition filed by Vijay Namdev Gujar and others, slum dwellers rehabilitated under DCPR 2034 Regulation 33(10), who have not received transit rent for nearly four years.

HC Pulls Up Developers; Says “Legitimate Transit Rent Must Be Paid Immediately”

The petitioners said that while transit rent was paid until 2021, the developer stopped payments thereafter. The developer appeared in court and agreed to pay all legitimate dues. The High Court, however, pressed for strict accountability.

The bench of Justice G.S. Kulkarni and Justice Aarti Sathe directed:

• The Slum Rehabilitation Authority (SRA) must hold a personal hearing within two weeks and determine the exact arrears and the applicable interest.
• Once decided, the developer must immediately disburse the transit rent, either directly or by depositing it with SRA within one week.

Section 33B: Transit Rent Dues Recoverable as Arrears of Land Revenue

The Court highlighted the new Section 33B, which makes it mandatory for SRA to enforce recovery of unpaid transit rent. Crucially, the section includes a first-of-its-kind personal liability clause:

• If the developer company/LLP does not have enough assets,
  the unpaid transit rent can be recovered from the personal property of its directors or partners.

This is the strongest legal mechanism introduced so far to protect slum dwellers from delays and non-payment.

Court Directs SRA: Transit Rent Complaints Must Be Resolved in 15 Days

Expressing sharp displeasure at the growing number of complaints reaching the Court instead of being resolved by SRA, the bench noted:

• Delay in transit rent payments violates the Right to Shelter under Article 21.
• SRA officers cannot allow complaints to remain pending.
• Any transit rent complaint must be decided within 15 days, failing which it will be treated as a breach of fundamental rights.
• SRA CEO must issue a circular directing all competent officers to follow these timelines.

The Court cautioned that if SRA officers continue to show laxity, the Court will take strict action.

Developers Cannot Divert Transit Rent Funds, Says Court

The Court strongly criticised the practice where some developers take up projects but divert funds meant for transit rent towards other uses.

The judges noted:

Developers cannot undertake the scheme, not pay transit rent, and utilise the money elsewhere, depriving slum dwellers of their legitimate dues.

Why This Order Matters for Slum Dwellers Across Mumbai

This judgment is significant for tens of thousands of slum dwellers living in transit accommodation. Key takeaways:

• Transit rent must be paid on time, without exception.
• Developers cannot escape liability by hiding behind corporate structures.
• Personal assets of directors/partners are now at risk if dues remain unpaid.
• SRA is obligated to act swiftly and cannot delay complaints.
• Protects the constitutional right to shelter, ensuring slum households are not financially abandoned.

Also Read: 35% Green Space Now Mandatory in Mumbai’s SRA Projects

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In a scathing order, the Bombay High Court has pulled up the Slum Rehabilitation Authority (SRA) and the State Government for acquiring private land in Mumbai’s Goregaon East — and offering a mere ₹12 lakh in compensation.

The case, involving NESCO Limited, exposed how private landowners are often stripped of their rights under the garb of “slum rehabilitation,” while developers and middlemen benefit.

What the Case Was About

NESCO Limited, owner of two adjoining plots — 721.1 sq. m and 791.7 sq. m (total nearly 1,500 sq. m of land) in Ram Nagar, Goregaon (East) — moved the High Court after its land was forcibly acquired under Section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The SRA claimed that since the land had been declared a “slum rehabilitation area,” the State could acquire it for redevelopment.
However, NESCO argued that as a private owner, it had a preferential right to redevelop its own land — a right the SRA ignored.

What the Court Found

After detailed hearings, the Division Bench of Justice G.S. Kulkarni and Justice Aarti Sathe agreed with NESCO and made several important findings:

• The land was undisputedly private; hence the owner’s rights under Article 300A of the Constitution must be respected.
• The SRA failed to issue a proper notice-cum-invitation under Section 13 of the Slum Act before starting acquisition.
• The compensation of ₹12 lakh for nearly 1,500 sq. m in Goregaon — one of Mumbai’s prime commercial zones — was “meagre and shocking.”
• The Court noted that the SRA acted mechanically, without verifying whether acquisition was truly necessary when the owner was ready to redevelop.

Court’s Strong Words for SRA and Government

The judges came down hard on the SRA, describing its actions as “draconian,” “arbitrary,” and driven by “unscrupulous elements.”

Quoting from earlier Supreme Court rulings, the Bench said:

“Until the landowner’s preferential right to develop is extinguished, the State cannot acquire private land. Any such process without notice is illegal.”

The Court warned officials not to exercise Section 14 powers “at the behest of private developers or groups misusing the law,” adding that such behaviour erodes the rule of law and harms genuine slum rehabilitation.

Society Changes Its Stand

In an interesting twist, even the slum society involved (Shivshardha Co-operative Housing Society – Proposed) later filed an affidavit supporting NESCO, admitting that the earlier developer had “misled” them into pushing for acquisition.
The society has now agreed to back NESCO for a joint redevelopment plan.

A Pattern of Abuse the Court Wants Stopped

This is not an isolated case. The judgment referred to several past rulings — including Indian Cork Mills, Bishop John Rodrigues, Tarabai Nagar Co-op Hsg. Society, and Saldanha Real Estate — all highlighting a similar problem:
Private landowners lose their property for negligible compensation while developers walk away with huge profits.

The Court urged the government to record clear reasons in writing before approving any acquisition under the Slum Act and to ensure “fairness and transparency” at every step.

What It Means for Landowners and Buyers

• Landowners: If your private land falls under a slum rehabilitation area, you have a legal right to redevelop it yourself before the government can step in.
• Developers: Deals bypassing landowners’ rights may be struck down by courts.
• Buyers and investors: Always verify that redevelopment proposals have followed the due process.

This ruling re-establishes that the SRA cannot be used as a shortcut for grabbing valuable private land in Mumbai.

The Takeaway

The Bombay High Court’s ruling is a wake-up call — ₹12 lakh for nearly 1,500 sq. m in Goregaon shows how far reality has drifted from fairness.
It sends a clear message: the SRA exists to rehabilitate the poor, not to dispossess private citizens.

Also Read: Financial Institutions To Redevelop Stuck SRA projects

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Landowners Win Against SRA’s “Illegal” Land Acquisition

In a landmark judgment that could reshape how the Slum Rehabilitation Authority (SRA) handles redevelopment projects, the Bombay High Court has quashed the acquisition of a Bhandup property, ruling that the landowners’ preferential right to redevelop cannot be bypassed.

A division bench of Justice G.S. Kulkarni and Justice Aarti Sathe delivered the verdict on October 14, 2025, in Writ Petition Nos. 942 of 2024 and 1923 of 2019, holding that the SRA and State Government failed to follow the mandatory procedure under Section 13 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The Court declared the acquisition of the property — Survey No. 81 (part), CTS No. 270 (part), located at Bhandup Village Road, opposite Bhatia Hospital — illegal, arbitrary, and contrary to law.

Background: The Battle Over Bhandup Land

The dispute centered around 1,201 square yards of land at Bhandup, claimed by two parties — the heirs of late Malti Narayan Kakade, and the Tulsiram Devidayal Charity Trust.

Both parties, though in disagreement over ownership, united in challenging the SRA’s 2015 notification that acquired their land for a slum rehabilitation project proposed by Samata Seva Vikas Co-op. Housing Society and Sankalp Developers.

The landowners alleged that:

• No notice under Section 13(1) of the Slum Act was issued before acquisition.
• They were not given an opportunity to redevelop their own land, which is a legal right under the Act.
• The SRA bypassed due process by directly invoking Section 14 (acquisition powers).

The SRA, on the other hand, argued that all legal procedures were followed and that the landowners had delayed challenging the acquisition.

Court’s Findings: “Notice Under Section 13 Is a Sine Qua Non”

The bench categorically held that failure to issue notice under Section 13 — inviting the landowner to undertake redevelopment — renders any acquisition invalid.

The judges emphasized that the owner’s preferential right must be recognized before the SRA can acquire land for slum redevelopment.

Quoting previous case law, the Court observed:

“The issuance of a notice under Section 13 is a sine qua non for acquisition under Section 14. Without such notice, the entire process collapses.”

The Court reiterated that Article 300A of the Constitution protects private property rights, and authorities cannot deprive citizens of their land without following due process.

Legal Precedents That Strengthened the Case

The bench drew heavily from a series of earlier rulings that have now solidified the rights of landowners in slum redevelopment:

• Indian Cork Mills Pvt. Ltd. vs State of Maharashtra (2017): Held that the landowner must first be given a chance to redevelop before SRA takes over.
• Bishop John Rodrigues vs State of Maharashtra (2022): Confirmed that acquisition without notice to the owner violates natural justice.
• Saldanha Real Estate Pvt. Ltd. vs Bishop John Rodrigues (Supreme Court, 2024): The apex court upheld Bombay High Court’s view, ruling that Section 13 notice is mandatory, even after the 2018 amendment to the Slum Act.

The Court noted that these rulings establish a clear legal framework:

• The SRA must first invite the landowner to redevelop slum land within 120 days.
• Only if the owner fails or refuses to act can the SRA move to acquire the land.
• Skipping this step amounts to a violation of law and property rights.

Court’s Final Order

The High Court’s order reads:

“The acquisition of land in question is quashed and set aside, being arbitrary, illegal, and contrary to the law laid down in previous judgments.”

The Court further directed that:

• The SRA may issue a fresh notice to the petitioners, recognizing their preferential right to redevelop.
• Only after following due process can redevelopment proceedings resume.

This effectively restores control of the land to its lawful owners, subject to their compliance with redevelopment norms.

Impact: Major Boost for Landowners Across Mumbai

This judgment is expected to have far-reaching implications for private landowners across Mumbai, particularly those whose properties have been acquired by the SRA without proper notice.

It reinforces the principle that:
Landowners have the first right to redevelop their land.
SRA must strictly follow Section 13 before acquiring any private property.
Illegal acquisitions can be quashed, even years later.

For hundreds of landowners and trusts in Mumbai — especially in Bhandup, Ghatkopar, Bandra, and Worli, where SRA acquisitions are common — this ruling offers much-needed legal relief.

Also Read: Financial Institutions To Redevelop Stuck SRA projects

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Satam’s Demand for Slum Redevelopment

Currently, the self-redevelopment scheme—supported by Mumbai Bank—empowers housing societies to take charge of their own redevelopment projects. MLA Satam argued that this successful model should be applied to slum clusters too, where projects often face delays and disputes.

“The self-redevelopment policy, successfully implemented in housing societies through Mumbai Bank, should now be extended to the redevelopment of slum buildings as well. The 286 slum buildings in Chandivali should be redeveloped through this policy,” Satam said.

Bringing Government to the People

Satam assured locals that the BJP intends to take governance closer to citizens. “We will take the government to the doorsteps of Mumbaikars,” he said, adding that Deputy CM Devendra Fadnavis will be approached soon with this demand. He also confirmed the backing of Pravin Darekar, BJP’s group leader in the Legislative Council and Chairman of Mumbai Bank.

Why This Matters for Mumbai

If implemented, extending the self-redevelopment policy to SRA projects could fast-track the redevelopment of slum buildings across Mumbai, improving living standards for lakhs of residents. For Chandivali alone, the redevelopment of 286 SRA buildings could drastically improve housing quality, civic amenities, and infrastructure.

Also Read: Financial Institutions To Redevelop Stuck SRA projects

The post BJP Wants to Extend the Self-Redevelopment Policy for SRA Too appeared first on Square Feat India.

Key Highlights

• CSR for Affordable Housing
  The policy explicitly allows corporations to channel their CSR contributions into affordable housing projects, particularly for EWS/LIG segments, as well as rental accommodations for working women, senior citizens, students, and migrant industrial workers The Indian Express+13The New Indian Express+13Goel Ganga Developments+13.
• Structured Funding through CSR-HDB
  The proposal includes the formation of a dedicated CSR-Housing Development Board, enabling partnerships between companies and agencies like MHADA to co-finance housing for the homeless, develop skill training, and support slum rehabilitation The Times of India.
• Incentivizing Sustainable and Inclusive Projects
  CSR resources can be used for green building initiatives, affordable rental units, and in-situ slum redevelopment, aligning with the policy’s four principles: Affordable, Inclusive, Sustainable, and Resilient CDN BBSR+1The Times of India+1.

A Win-Win Strategy

How It Works

1. Project Selection: Housing schemes are shortlisted as CSR-eligible.
2. Fund Deployment: Companies contribute via CSR—funding green components, rental stock, or slum regeneration.
3. Project Execution: Implemented through public agencies or PPPs, ensuring transparency and quality.
4. Recognition & Visibility: Participating firms receive policy-level recognition, and may join planning/advisory bodies.

Why This Matters

• Scalable Resource Mobilisation: CSR channels help unlock additional capital without burdening the state budget.
• Strengthened Public-Private Alliance: Reinforces Maharashtra’s pivot to collaborative housing development.
• Boost for Underserved Housing: More funds directed toward affordable, rental, and special-needs housing projects.

Bottom line: Integrating CSR into housing marks a strategic shift—Maharashtra isn’t just building homes, it’s mobilizing the private sector to build stronger communities.

1. CSR-HDB: Corporate Social Responsibility – Housing Development Board (Proposed)

To streamline corporate participation in housing, the policy proposes a dedicated facilitation mechanism:

Structure & Role

2. CSR-Fundable Project Types

Eligible CSR Housing Components:

CSR funds do not need to cover full project costs — they can co-fund amenities, quality enhancements, or innovation pilots.

3. Potential Corporate Partners & Sectors

Key Sectors with CSR Interest:

• Real estate developers (via sustainability arms)
• Banks & housing finance institutions (as part of community investment)
• Auto and manufacturing companies (for industrial workforce housing)
• FMCG & retail (in urban centers for low-income community engagement)
• IT & pharma (for student/women accommodation near campuses)

Early Potential Corporate Participants (illustrative):

How Corporates Benefit

• Tax-compliant CSR use under Section 135 of Companies Act
• Brand visibility via housing project branding (e.g., “XYZ Foundation Homes”)
• Social impact reports can showcase measurable results — families housed, women supported, slums upgraded
• Government recognition through annual awards, MoUs, and co-branded schemes

In Summary:

Maharashtra is:

• Opening housing as a CSR frontier
• Providing institutional mechanisms via CSR-HDB & SHIP
• Focusing on quality, inclusion, and sustainability

This is India’s first formalized CSR–housing integration at state policy level, and it could become a model for others to follow.

Also Read: Maharashtra Government to Fast-Track MSRTC Bus Depot Development, Invites Developers for 3,360 Acres of Land

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Key Objectives of the Policy

Highlights Announced by Deputy CM Eknath Shinde

1. Inclusive & Affordable Housing for All

The policy covers:

• Economically Weaker Sections (EWS)
• Low-Income and Middle-Income Groups
• Senior citizens, women, students, industrial workers, journalists, disabled persons, and ex-servicemen

2. AI-Based State Housing Information Portal

A centralized platform using Artificial Intelligence to:

• Track housing supply and demand
• Geo-tag housing units
• Integrate data from MahaRERA, PM Gati Shakti, Mahabhulekh
• Ensure transparency and informed decision-making

3. Land Bank Development by 2026

• A state-wide land bank will be developed with the help of:
  • Revenue Department
  • Forest Department
  • MSRDC
  • MIDC
  • Water Resources Department

4. Walk-to-Work Housing Model

• Promote residential developments near employment zones
• Especially in MIDC areas where 10–30% of the land will be reserved for housing

5. Mandatory Inclusion in All Metropolitan Regions

• Not just cities with 10 lakh+ population, but all Metropolitan Region Development Authorities will be required to develop inclusive housing projects

Support for Self-Redevelopment

Slum Rehabilitation: Transparent & Tech-Driven

• Use of central government land for SRA (Slum Rehabilitation Authority) projects
• Joint planning with Central Govt. departments
• Real-time monitoring of projects using IT systems
• Improved transparency and accountability for all stakeholders

Cluster Development to Replace Failed SRA Projects

• Cluster redevelopment approach for areas with stagnant or delayed SRA projects
• New, capable developers to be selected through transparent bidding
• Strict timelines and accountability to eliminate irregularities

Environmentally Sustainable Housing

• Emphasis on green buildings and climate-adaptive designs
• Promotion of Global Housing Technology Challenge for:
  • Heat-resistance
  • Earthquake-resilience
  • Flood protection

Support from CSR & Knowledge Partners

Summary

With this comprehensive housing policy, the Maharashtra government aims not only to fulfill the dream of homeownership for lakhs of citizens, but also to catalyze economic growth, modernize urban living, and lead India toward a more inclusive real estate future.

Stay updated on housing news at www.SquareFeatIndia.com

Also Read: Seeking A Housing Loan? Read This New RBI Policy

The post Maharashtra’s Revolutionary Housing Policy 2025 Approved: 35 Lakh Homes, AI Portal, Focus on Slum Redevelopment appeared first on Square Feat India.

The new tower is part of the larger Elysian project, which promises elevated urban living within the well-established Oberoi Garden City. The project offers a mix of luxurious 3 and 4-BHK residences, with carpet areas ranging from 2,009 to 3,430 sq. ft. The apartments have been designed to maximize space, natural light, and comfort, reflecting Oberoi Realty’s design-first approach.

Oberoi Garden City, spread across nearly 80 acres, is a landmark integrated township in Goregaon that brings together premium residences, Grade-A commercial spaces at International Business Park, luxury retail at Oberoi Mall, global education at Oberoi International School, and five-star hospitality via The Westin Mumbai Garden City. The project is inspired by the principles of New Urbanism, offering seamless connectivity, a ready social infrastructure, and a self-sustained lifestyle ecosystem.

Commenting on the launch, Vikas Oberoi, Chairman and Managing Director of Oberoi Realty Limited, said,

“We are truly delighted by the overwhelming response to the launch of Elysian Tower D. This success not only reflects the enduring strength of the Oberoi Realty brand but also validates our vision of creating integrated urban developments that redefine luxury living.”

He added that the strong sales in Towers A, B, and C, and now Tower D, underscore the growing trust in the company’s developments and the appeal of Oberoi Garden City as a destination.

Elysian Tower D will also offer a host of curated amenities including landscaped gardens, a grand entrance lobby, and expansive recreational spaces—further enhancing the quality of life for residents.

The success of this launch further cements Oberoi Realty’s position as a key player in shaping Mumbai’s luxury real estate market, particularly in the high-demand Goregaon micro-market.

Also Read: Oberoi Realty appoints Sameep Pathak as Chief Executive Officer-Mall

The post Oberoi Realty Clocks Rs 970 Crore in Bookings for New Goregaon Tower appeared first on Square Feat India.

The Slum Rehabilitation Authority (SRA) had surveyed 2,965 slum structures in Bharat Nagar, with 2,625 deemed eligible for rehabilitation. More than 70% of these residents had already given consent for redevelopment.

Role of Saarathi Realtors in the Redevelopment Process
Saarathi Realtors played a role in securing the Supreme Court order that allowed redevelopment to proceed. “From the outset, we were entrusted by Forum Homes to manage Bharat Ekta Cooperative Society’s redevelopment, ensuring a smooth process of slum evacuation and rehabilitation,” said Rajiv Agrawal, Co-Founder of Saarathi Realtors. The company handled negotiations, resettlement, and community engagement to move the project forward.

Bharat Nagar spans 44 acres and includes approximately 7,200 to 7,700 tenements, comprising 3,700 Maharashtra Housing and Area Development Authority (MHADA) tenants and 3,500 to 4,000 Photo Pass tenants. The area is divided into 22 societies and is being redeveloped by multiple developers, including Omkar, Budhpur Adani, Forum Homes, and HDIL.

Supreme Court Upholds Bombay High Court Ruling
A bench of Justices Sudhanshu Dhulia and K V Chandran upheld the Bombay High Court’s January 4, 2023, ruling, which had rejected challenges to the SRA’s eviction notice. The appellants had argued that the land should be redeveloped under Regulation 33(5) of the Development Control Regulations (DCR) rather than under Slum Redevelopment Regulation 33(10). However, the Apex Grievance Redressal Committee (AGRC) had dismissed these claims in 2019, stating that MHADA had consistently maintained that the plot was never part of its designated layout.

Challenges Faced in the Redevelopment Process
Ajit Pawar, Co-Founder of Saarathi Realtors, stated that some slum dwellers attempted to disrupt the process and create obstacles. Saarathi Realtors assembled a legal team to address these objections and present the case before the Supreme Court. “This ruling ensures that minority factions cannot unjustly stall slum rehabilitation projects,” Pawar said.

Sanctioned in 2010, the Bharat Nagar redevelopment project involves merging three plots. While Phase I has been completed, Phase II was delayed due to residents resisting vacating their premises. The Supreme Court ruled that the project relates to a “censused slum” and does not require a separate notification under Section 4 of the Slum Act.

Supreme Court’s Position on Redevelopment
The Supreme Court stated that, while Bharat Nagar is technically a MHADA property, the area had evolved into a slum and required redevelopment under the SRA. Some appellants, initially ineligible, were later granted eligibility but rejected the standard rehabilitation housing, seeking larger accommodations under MHADA’s scheme instead. The court ruled that halting the project at this stage would impact thousands of eligible slum dwellers.

The court also noted that only four appellants initially approached the High Court, while others joined later. The ruling described them as “fence-sitters” attempting to raise grievances belatedly.

Impact on Bharat Nagar Redevelopment
Bharat Nagar consists of two distinct layouts: the MHADA layout, which spans 7,643 square meters and includes planned legal tenements, and the SRA layout, which consists of encroached settlements where residents qualify for rehabilitation. MHADA confirmed to both the High Court and AGRC that the land was never part of its planned layout and had been declared a censused slum in 1981.

With the Supreme Court dismissing the appeal, the redevelopment of Bharat Nagar is set to move forward without further legal obstacles. The project aims to improve living conditions for thousands of residents.

Also Read: Mumbai slum redevelopment

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The re-election of the BJP-led Mahayuti government in Maharashtra has sparked optimism in the real estate and infrastructure sectors, with industry leaders expecting a renewed focus on slum redevelopment and urban infrastructure transformation in Mumbai.

Rajiv Agrawal, Co-Founder of Saarathi Realtors, welcomed the stable government formation, emphasizing that the continued leadership would accelerate efforts to transform Mumbai into a “world-class” city. Mumbai, one of India’s fastest-growing urban centers, has long struggled with the challenges posed by its expansive slum areas. The re-elected government, Agrawal believes, will now be able to push forward ambitious redevelopment projects, improving housing and infrastructure across the city.

A Promising Future for Real Estate in Mumbai

Agrawal expressed confidence that the victory of the BJP-led government would have a direct positive impact on the real estate sector, which plays a pivotal role in both housing and economic development. “This sector not only provides housing and commercial spaces but also generates direct employment for lakhs of people and contributes significantly to the GDP. With the same government now in power, we anticipate smoother policy implementation, particularly in terms of taxes and development incentives,” Agrawal said.

One of the primary areas of focus for the government will be accelerating slum rehabilitation projects. With approximately 2,600 slum clusters scattered throughout the city—from Colaba in the south to Dahisar in the northwest—redeveloping these areas is seen as key to alleviating the city’s housing shortage. The state’s Slum Rehabilitation Authority (SRA) is already overseeing over 1,700 ongoing rehabilitation projects, though many are stalled at various stages.

“Rehabilitation and redevelopment are crucial not only to improve the lives of Mumbai’s slum dwellers but also to unlock the city’s potential for modern infrastructure development,” Agrawal noted. “We expect the government to take decisive action, clearing bottlenecks and fast-tracking approvals, particularly for projects that have been delayed.”

Challenges and Opportunities in Slum Redevelopment

Despite the progress made since the SRA’s inception in 1995, more than half of Mumbai’s population still lives in slums. According to SRA data, over 500 slum rehabilitation projects are currently stuck, hindering the city’s redevelopment agenda. Agrawal emphasized the need for a more streamlined process to resolve these issues, calling for the formation of an arbitration committee comprising experts in slum clearance and redevelopment.

“The central government’s push for affordable housing, along with the state’s own ‘Housing for All’ initiative, needs the support of a dedicated committee to address the challenges unique to slum redevelopment,” he added. “Such an initiative would expedite the process and bring much-needed relief to both residents and developers.”

Looking to the Future: Economic Growth and Employment

As Mumbai embarks on its decades-long redevelopment journey, the economic and employment opportunities that will arise from these projects are significant. The real estate sector is expected to experience substantial growth, leading to increased job creation in construction, development, and related industries. Additionally, the redevelopment projects will contribute to the modernization of the city’s infrastructure, improving utilities, transportation, and public amenities.

Agrawal is confident that the continued efforts to clear slums and provide better housing will transform Mumbai into a more livable and sustainable urban center. “Mumbai’s growth trajectory looks promising, and with the government’s stable leadership, we are optimistic that the city will soon see transformative change that benefits both its residents and the broader economy,” he said.

As the government sets its sights on pushing Mumbai’s redevelopment projects forward, the real estate industry is watching closely, eager to see the long-awaited transformation take shape.

Also Read: In 150 Slum Redevelopment Projects tenants are waiting for rent worth ₹525 crore

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