Case name: Petition for Special Leave to Appeal (C) No. 16899/2025, arising out of impugned final judgment and order dated 07-04-2025 in WP No. 13935/2023 of the High Court of Bombay.
Court: Supreme Court of India.
Judges: Hon'ble Mr. Justice Sanjay Kumar, Hon'ble Mr. Justice K. Vinod Chandran.
Order numbers: IA No. 6307/2026, IA No. 114943/2026.
Respondents: The State of Maharashtra & others; Mumbai Metropolitan Region Development Authority (added as respondent No.5).
Intervenor: DB Ozone Home Buyers Association (1,100 members) and additional 3,300 home buyers occupying the apartments.
Municipal authority: Mira Bhayander Municipal Corporation.
Counsel for petitioner: Mr. Mukul Rohatgi, Sr. Adv.; Mr. A.n.s. Nadkarni, Sr. Adv.; Mr. Mahesh Agarwal, Adv.; Mr. Rishi Agrawala, Adv.; Mr. Mohd. Himayatullah, Adv.; Mr. Ankur Saigal, Adv.; Mrs. S. Lakshmi Iyer, Adv.; Ms. Deepsikha Mishra, Adv.; Ms. Shivani Agarwal, Adv.; Mr. L. Nidhiram Sharma, Adv.; Mr. E. C. Agrawala, Adv.; AOR.
Counsel for respondents: Mr. Anand Dilip Landge, Adv.; Mr. Siddharth Dharmadhikari, Adv.; Mr. Aaditya Aniruddha Pande, AOR; Mr. Shrirang B. Varma, Adv.; M/S. Black & White Solicitors, AOR Mr. Suhaskumar Kadam, Adv.; etc.
Issues / Allegations / Violations
Home buyers (1,100 association members plus 3,300 other occupants) are unable to fully enjoy their properties because Mira Bhayander Municipal Corporation has not issued occupancy certificates.
Petition alleges that the corporation and the newly impleaded authority are effectively holding innocent home buyers hostage by withholding certificates.
The relief sought includes issuance of occupancy certificates/partial certificates and provision of basic amenities.
Findings & Observations
The Court observed that it is not open to the authorities to hold innocent home buyers ransom.
Recognised the presence of 1,100 association members and 3,300 other occupants in the buildings.
Penalties / Settlements / Directions
IA No. 6307/2026: The Mumbai Metropolitan Region Development Authority is brought on record as respondent No.5.
The authority is granted four weeks from the order date to file a counter affidavit; any rejoinder may be filed within two weeks thereafter.
The Court directed the authority and Mira Bhayander Municipal Corporation to inspect the completed buildings and submit a report within six weeks, with advance copies to counsel.
The authorities are also directed to ensure that basic amenities are provided to the occupants of the apartments.
The petition is to be re‑listed on 27.08.2026.
IA No. 114943/2026: The Court found no reason to entertain the intervention application filed by a third party not affected by the litigation and dismissed it.
Corrective Actions & Future Obligations
MMRDA must file its counter affidavit within four weeks and may file a rejoinder within two weeks.
Both MMRDA and Mira Bhayander Municipal Corporation must conduct an inspection of the completed buildings.
They must submit the inspection report to the Court within six weeks, providing advance copies to the appearing counsel.
They must ensure that basic amenities (water, electricity, sanitation, etc.) are provided to the occupants as per the report findings.
Final Ruling & Enforcement
The Supreme Court issued the above directions, ordered the inspection and provision of amenities, dismissed the unrelated third‑party intervention, and scheduled the petition for re‑listing on 27‑08‑2026.
No monetary penalties were imposed; compliance with the inspection, reporting, and amenity provisions is mandated.
