HC clears path for redevpt of 141 acres in Goregaon

MUMBAI: Bombay high court on Thursday paved the way for redevelopment of a large swathe of 141 acres of Mhada land in Goregaon (west), known as Motilal Nagar — the largest Mhada colony redevpt — and disposed of a PILfiled in 2013 against the rampant illegal construction in the colony.
The HC division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre allowed a plea made in 2021 by Mhada to ensure redevelopment is done via private developers via a bidding process.
Mhada floated bids, which, now with the litigation ending, can proceed to open. In 2018, Mhada said the estimated project cost was Rs 21,000 crore. Compensation to the construction and development agency (C&DA) to be selected will be only through floor space index, said Mhada through senior counsel Darius Khambata and advocates PG Lad. The developer will bear all costs, including costs for transit and rehabilitation of eligible tenements, shops, slum dwellers, and other amenities.
Two PILs filed in 2013, one by Manjula Veeran and another by Tekchand Khanchandani, sought directions to Mhada and BMC to demolish the unauthorised construction at Motilal Nagar I, II, and III situated at Goregaon (W,) Mhada Colony. The PIL said authorities were not taking action against rampant unauthorised horizontal and vertical constructions in the colonies that originally housed 400 tenants, mostly row houses.
In 2013, HC directed Mhada as landowner, "in the fitness of things," to carry out a survey based on which to decide on the course of action. Mhada in Oct 2013 said there were over 3,600 unauthorised constructions, which it then sought to include in the redevelopment plan.
HC, after hearing Khambata, former advocate general Ravi Kadam for the state with Jyoti Chavan and Abhay Patki, and other counsel including Pradeep Havnur, Amogh Singh, Rohaan Cama, RK Vaingankar, Datta Mane, Vipin Kamdi, and Bhagyashri Mangle in the large group of applications that were filed, accepted the housing authority's stand to ensuring rehabilitation through a bidding process.
Mhada said the principal object of the Mhada Act of 1976 is "to unify, consolidate and amend laws relating to housing, repairing and reconstructing dangerous buildings and carrying out improvement works in slum areas." It added that the proposed redevelopment of Motilal Nagar falls within its objectives.
In Dec 2021, TOI reported that only three construction firms, Adani, L&T and Naman Developers, submitted bids to redevelop Motilal Nagar, touted as the city's largest housing project.
In its plan for Motilal Nagar, Mhada has envisaged rehabilitation for both existing and commercial users.
Mumbai: Bombay high court on Thursday paved the way for redevelopment of a large swathe of 141 acres of Mhada land in Goregaon (west), known as Motilal Nagar — the largest Mhada colony redevpt — and disposed of a PILfiled in 2013 against the rampant illegal construction in the colony.
The HC division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre allowed a plea made in 2021 by Mhada to ensure redevelopment is done via private developers via a bidding process.
Mhada floated bids, which, now with the litigation ending, can proceed to open. In 2018, Mhada said the estimated project cost was Rs 21,000 crore. Compensation to the construction and development agency (C&DA) to be selected will be only through floor space index, said Mhada through senior counsel Darius Khambata and advocates PG Lad. The developer will bear all costs, including costs for transit and rehabilitation of eligible tenements, shops, slum dwellers, and other amenities.
Two PILs filed in 2013, one by Manjula Veeran and another by Tekchand Khanchandani, sought directions to Mhada and BMC to demolish the unauthorised construction at Motilal Nagar I, II, and III situated at Goregaon (W,) Mhada Colony. The PIL said authorities were not taking action against rampant unauthorised horizontal and vertical constructions in the colonies that originally housed 400 tenants, mostly row houses.
In 2013, HC directed Mhada as landowner, "in the fitness of things," to carry out a survey based on which to decide on the course of action. Mhada in Oct 2013 said there were over 3,600 unauthorised constructions, which it then sought to include in the redevelopment plan.
HC, after hearing Khambata, former advocate general Ravi Kadam for the state with Jyoti Chavan and Abhay Patki, and other counsel including Pradeep Havnur, Amogh Singh, Rohaan Cama, RK Vaingankar, Datta Mane, Vipin Kamdi, and Bhagyashri Mangle in the large group of applications that were filed, accepted the housing authority's stand to ensuring rehabilitation through a bidding process.
Mhada said the principal object of the Mhada Act of 1976 is "to unify, consolidate and amend laws relating to housing, repairing and reconstructing dangerous buildings and carrying out improvement works in slum areas." It added that the proposed redevelopment of Motilal Nagar falls within its objectives.
In Dec 2021, TOI reported that only three construction firms, Adani, L&T and Naman Developers, submitted bids to redevelop Motilal Nagar, touted as the city's largest housing project.
In its plan for Motilal Nagar, Mhada has envisaged rehabilitation for both existing and commercial users.
The HC held: In the present case, when the State Government has declared the project of Motilal Nagar as a ‘Special Project’ by issuing a government resolution and has accorded its green signal for MHADA to undertake the re-development of Motilal Nagar- I, II and III, by appointing a C & DA, by ensuring that MHADA retains its control over the project but in absence of the necessary potential to accomplish the huge project, it is chosen to work through the C&DA and, since, the decision is based on economic viability as well as the capability of MHADA to undertake the process of re-development, we are not inclined to entertain with the same, in the wake of limited scope being available to us in exercise of writ jurisdiction under Article 226 of Constitution.
The Courts are expected to act with a great caution while it interferes with the priorities fixed by the Government, unless it is established that the decision taken by it is patently arbitrary and/or not in larger public interest.
The Government should be free to take policy decisions or to decide priorities and it is better left to the wisdom of the State, which is well advised by the bureaucrats, and its other officers, who posses an expertise in taking policy decisions, which may involve various factors like the availability of fund, the requirement of the State to focus upon a particular sector in precedence over the other etc.
The wisdom and advisability of such policy decisions are not ordinarily amenable to judicial review and it is time and again specifically held that economic and fiscal regulatory measures are field, where Judges should encroach upon warily as Judges are not experts in these matters.--Chief Justice Alok Aradhe and Justice Bharati Dangre.