Mumbai High Court Orders Mhada To Clear NOC For Unsafe Building Redevelopment

Bombay High Court has directed the Maharashtra Housing and Area Development Authority (Mhada) to issue a No Objection Certificate (NOC) for the redevelopment of a structurally unsafe building in Borivali. The court observed that it was the legal duty of Mhada to facilitate redevelopment where residents continued to live in hazardous conditions without any legal impediments.

The direction came in response to a petition filed by a cooperative housing society in Borivali, which has been awaiting redevelopment approval for several years. The building had been classified as a “C1” structure by municipal authorities—signifying that it was beyond repair and required immediate demolition. Despite this, bureaucratic delays and ongoing private litigation had stalled the process, forcing residents to continue occupying the deteriorating premises. The bench, while reviewing the matter, criticised the prolonged inaction and made clear that private disputes could not serve as an excuse for withholding a redevelopment NOC. Officials said the court emphasised that granting the certificate would not interfere with any ongoing legal proceedings between the society and developers, nor would it prejudice the outcome of private litigation.

The judges further warned that in the event of any untoward incident, responsibility would not fall upon civic officials but on those obstructing lawful redevelopment. The court directed Mhada to process and issue the NOC within two weeks, acknowledging that the situation was urgent given the potential threat to residents’ safety. Experts in housing and redevelopment policy view this order as a critical reinforcement of the state’s obligation to protect citizens from life-threatening living conditions, especially in ageing urban structures. Many of Mumbai’s residential buildings—particularly those built before 1980—are nearing the end of their structural lifespan, making redevelopment not only a matter of infrastructure modernisation but also of public safety and resilience.

Urban planners argue that this decision also brings to light the importance of transparent, accountable housing governance in Mumbai, where redevelopment has often been slowed by administrative hurdles and conflicting interests between housing societies, developers, and public agencies. The High Court’s observation reinforces a growing sentiment in Mumbai’s urban policy discourse—that timely redevelopment, particularly of dilapidated and unsafe buildings, is central to building a sustainable and inclusive city. The ruling serves as a reminder to authorities that bureaucratic rigidity cannot override the fundamental right of citizens to live in safe housing.

With the court’s order, Mhada has been instructed to expedite approvals for similar cases where buildings are categorised as structurally unsafe, ensuring that no resident is forced to remain in dangerous conditions under administrative pretexts.

Mumbai High Court Orders Mhada To Clear NOC For Unsafe Building Redevelopment