Authority: High Court of Judicature at Bombay

Order Date: 11 September 2026

Case Overview

  • Petitioner: Diwakar Damodar Shinde filed Writ Petition No. 4281 of 2026 against Pratapgad Co‑op. Housing Society Ltd. and others, including MHADA and BMC.
  • The grievance concerned unauthorised construction within a MHADA‑developed layout.
  • Counsel for the petitioner argued that MHADA, as the layout authority, should take action.
  • Respondent‑MHADA, represented by Mr. P. G. Lad, contended that the corporation (BMC) lacks jurisdiction over the matter.
  • The court noted that the housing society and BMC have no authority to act on the complaint; responsibility rests solely with MHADA under applicable law.

Final Outcome

  • The Court directed MHADA to take appropriate action on the complaint dated 27 April 2026 (Exhibit ‘H’) expeditiously, after hearing any persons who may be affected.
  • MHADA must complete the necessary action within 12 weeks from the date of communication of this order.
  • The writ petition was disposed of.

Topics: Unauthorized Construction; MHADA Enforcement