New Delhi, June 28 The Supreme Court on Monday upheld the Maharashtra Housing and Area Development Authority’s (MHADA) decision to redevelop Mumbai’s Motilal Nagar under the Construction and Development Agency (C&DA) model, dismissing legal challenges filed by local residents’ associations.
A bench of Justices Vikram Nath and Sandeep Mehta rejected a special leave petition filed by three petitioners — Motilal Nagar Jankalyankari Samiti, Motilal Rahivasi Vikas Sangh, and Gaurav Arun Rane— challenging the Bombay High Court decision that had cleared the path for redevelopment of 143 acres of Motilal Nagar I, II, and III via C&DA.
Solicitor General Tushar Mehta, representing the MHADA, submitted that the land belonged to the housing authority and the project had been granted "special status" by the Maharashtra government.
He said that obtaining individual consent from thousands of residents could delay the long-pending redevelopment.
The apex court took note of the submission that 1,600 sq ft of built-up area was being offered in lieu of 230 sq ft of existing occupancy - much higher than the standard entitlement under the Development Control and Promotion Regulations (DCPR).
Earlier, the Bombay High Court had dismissed a review petition filed by Motilal Nagar Vikas Samiti, reaffirming the legality of the C&DA route for redevelopment of Motilal Nagar.
The Motilal Nagar redevelopment project - executed in partnership with Estatevue Private Developers, a subsidiary of Adani Realty - aims to rehouse approximately 3,700 residents in modern apartments measuring 1,600 sq ft. The C&DA agreement also includes 987 sq ft of commercial space, and improved infrastructure.
The MHADA will retain full ownership of the land, while Estatevue Private Developers handles execution of the redevelopment project. The Rs 36,000-crore project has a seven-year timeline, during which 3,372 residential units, 328 commercial units, and 1,600 tenements from an adjacent slum will be relocated.
The C&DA bears the entire cost of rehabilitation, infrastructure, and amenities - free of cost to the MHADA.
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