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Supreme Court stays MHADA's Bandra-Worli cluster redevelopment; key battle over housing societies' rights set for August 13

The State of Maharashtra and MHADA were represented by Solicitor General Tushar Mehta, along with senior advocates Dhruv Mehta, Mukul Rohatgi, and Balbir Singh, among others 

04-08-2026

In a significant interim relief that could have far-reaching consequences for redevelopment projects across Mumbai, the Supreme Court has stayed the issuance of the work order for the proposed Bandra-Worli cluster redevelopment project, temporarily halting the State’s plan to proceed with one of the city’s most closely watched urban redevelopment initiatives. M.I.G. ADARSH NAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED Vs State of Maharashtra - SC 27.07.pdf

The matter was heard by a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta, which directed that no work order shall be issued until the next date of hearing on August 13, 2026. The Court has also granted time for the filing of counter affidavits and rejoinders before the matter is taken up again immediately after fresh matters on the scheduled date. M.I.G. ADARSH NAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED Vs State of Maharashtra - SC 27.07.pdf

The litigation arises from a challenge mounted by several co-operative housing societies, including M.I.G. Adarsh Nagar Co-operative Housing Society Limited, against Government Resolutions issued by the State of Maharashtra directing cluster redevelopment of MHADA-leased properties in the Bandra-Worli reclamation belt. The dispute traces its origins to land allotted on a 99-year lease in 1971, on which three residential buildings comprising 93 flats were subsequently constructed. Supreme Court Stays Work Order for Bandra-Worli Cluster Redevelopment - What It Means for Mumbai Homeowners.pdf

According to the background placed before the Court, the State Government issued Government Resolutions in April 2025 and December 2025 mandating cluster redevelopment while prohibiting individual housing societies from undertaking standalone redevelopment projects. Several societies contend that they had already initiated independent redevelopment plans and appointed their own developers, only to find those plans overridden by the State’s larger redevelopment policy. Supreme Court Stays Work Order for Bandra-Worli Cluster Redevelopment - What It Means for Mumbai Homeowners.pdf

Earlier, the Bombay High Court, by its judgment dated July 2, 2026, upheld the Government Resolutions. The High Court held that allottees and lessees of MHADA land possess only limited rights and that MHADA retains overriding authority over leasehold land. It further observed that societies cannot insist upon redevelopment solely on their own terms where the State has adopted a broader cluster redevelopment plan in public interest. Supreme Court Stays Work Order for Bandra-Worli Cluster Redevelopment - What It Means for Mumbai Homeowners.pdf

Before the Supreme Court, a formidable legal lineup appeared for the parties. The petitioners were represented by several senior advocates including Chander Uday Singh, Guru Krishna Kumar, Shyam Mehta, Shyam Divan, and Navin Pahwa. The State of Maharashtra and MHADA were represented by Solicitor General Tushar Mehta, along with senior advocates Dhruv Mehta, Mukul Rohatgi, and Balbir Singh, among others. M.I.G. ADARSH NAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED Vs State of Maharashtra - SC 27.07.pdf

The controversy extends well beyond the Bandra-Worli project. At its core lies an important legal question: Can the State compel cluster redevelopment of MHADA leasehold properties even when individual housing societies seek to redevelop independently?

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