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 redevelopment — 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.
