Authority: Supreme Court of India
Order Date: 12-10-2026
Case Overview
- Petition for Special Leave to Appeal (C) No.34137/2026, arising from the High Court judgment dated 11-06-2026 in AFO No. 535/2025, which affirmed an interim injunction granted by the Trial Court.
- Parties: Vile Parle Rajtara CHS Limited & Ors (Petitioner) vs. Mahesh Mahendrabhai Modi (Respondent, 1st respondent).
- Dispute concerns the ownership of an “Open to Sky” terrace attached to Flat No. B‑405 in a 48‑year‑old building undergoing redevelopment.
- The Society admitted that the flat is owned by the plaintiff and the terrace area totals 1,494 sq ft. The architect’s feasibility report, cited by the Trial Court, states that market practice allocates 33 % of this terrace to the flat, i.e., 1,494 sq ft × 0.33 = 493 sq ft.
- The plaintiff seeks entitlement to this 493 sq ft portion; the suit is pending, and the Supreme Court is limited to adjusting equities without hindering redevelopment.
Final Outcome
- The Court directs the Society to design a unit in the new building that incorporates the additional 493 sq ft as indicated by the architect.
- The Maharashtra Housing and Area Development Authority (MHADA) shall provisionally certify the plaintiff’s area as the flat plus the abutting terrace to the extent specified by the architect.
- If the plaintiff is later found disentitled in the pending suit, he must either pay the Society for the additional area or the Society may sell the premises and provide him with an alternate accommodation commensurate with his actual entitlement.
- The plaintiff must vacate the premises within one month or as per the redevelopment schedule, whichever period is greater.
- The Court expressly states that it has not adjudicated the plaintiff’s entitlement to the open terrace; that will be determined in the suit, independent of the High Court’s observations or this order.
- The Special Leave Petition is disposed of, and any pending applications are rejected.
Topics: Real Estate Redevelopment, Court Order