'Dissenting Tenants Cannot Hold Up Redevelopment Of Dilapidated Byculla Building': Bombay HC

Mumbai's Bombay High Court has ruled in favor of the redevelopment of the dilapidated Issa Building in Byculla, stating that a small group of tenants cannot halt a housing project supported by the majority of the occupants. The 83-unit building, comprising 63 residential and 20 commercial premises, was declared unsafe and proposed for redevelopment under Regulation 33(7) of the DCPR 2034 by landowners Pudinawala Mohammed Rafique and Zainul Abedien Pudinawala.

Seven out of the 83 tenants had already signed Permanent Alternate Accommodation Agreements (PAAAs) and surrendered possession. However, the remaining occupants, including petitioner Javed Abdul Rashid Ansari, contested the eviction notices issued by the Maharashtra Housing and Area Development Authority (MHADA) on August 12, 2026. They questioned the authority of the executive engineer and alleged non-compliance with conditions related to corpus funds and rent agreements by the developer.

Advocate General Milind Sathe, representing MHADA, argued that Section 95A of the MHADA Act was designed to prevent individuals from delaying redevelopment. He emphasized that the executive engineer had acted within the authority granted by the Chief Officer of the MHADA Board. Advocate Karl Tamboly, representing the developers, highlighted the building's dangerous condition and the concerns of the majority of the tenants. The building, they claimed, posed a continuous threat to life and safety.

The bench dismissed the petitions and cleared the way for the redevelopment to proceed. They acknowledged MHADA's assurance that all conditions would be strictly enforced, allowing the project to move forward.