Maharashtra
Bombay HC Upholds BMC’s Preferential Right Over Its Land, Backs Cancellation Of Malad Slum Redevelopment Project
Mumbai, Feb 13: The Brihanmumbai Municipal Corporation (BMC) has a preferential right to develop its own land, the Bombay High Court held while dismissing a petition challenging the civic body’s decision to cancel a slum rehabilitation project in Malad East after finding non-compliance by the developer.
A bench of Justices Girish Kulkarni and Aarti Sathe, on Wednesday, dismissed a petition filed by Om Vishwashanti CHS (proposed) and developer Okhawala Shelter, Builders & Developers challenging a January 10, 2024 order cancelling a no-objection certificate (NOC) earlier granted for the project. The bench held that the cancellation was lawful and based on clear non-compliance.
Project on BMC-owned reserved land
The redevelopment concerned BMC-owned land, portions of which are reserved for a municipal ward office, disaster management facilities and a municipal chowky. The developer was required to incorporate these amenities into its plan and obtain approvals from civic authorities.
An NOC was issued in December 2021, followed by a Letter of Intent (LOI) from the Slum Rehabilitation Authority (SRA) in November 2022. The BMC later issued a show cause notice alleging that the developer had failed to submit feasible plans or secure departmental clearances despite repeated opportunities. The NOC was subsequently cancelled in January 2024.
Second round of litigation
This is the second round of litigation after the Supreme Court directed the High Court to rehear the matter following an earlier dismissal on technical grounds.
BMC cites non-compliance, public interest
BMC counsels Joel Carlos and Pushpa Yadav argued that as landowner, the corporation retains the authority to grant or revoke permissions when conditions are breached. The NOC and LOI, it said, explicitly required the developer to obtain approvals and provide workable plans for the reserved public facilities.
According to the civic body, the developer took virtually no effective steps for over a year after the LOI was issued, justifying cancellation in public interest.
The SRA, through advocate Jagdish Aradwad (Reddy), supported this position, noting its own decision to cancel the LOI after finding prolonged non-compliance.
Court upholds civic body’s preferential rights
Agreeing with the civic body, the bench said the cancellation order was well reasoned.
“The conduct of the Petitioners… smacks of non-compliant behavior” in meeting the NOC and LOI conditions, the court observed.
Emphasising ownership rights, the judges held: “It is the MCGM/BMC’s land… therefore the right of the owner… is a preferential right which needs to be of paramount importance, especially in a S.R. Scheme.” A developer’s rights, the court said, are purely contractual.
Petition dismissed
The court dismissed the petition and upheld the cancellation.
Maharashtra
Case registered against Bajrang Dal workers for bringing pigs to create ruckus in Mira Bhayander, two FIRs registered for disturbing the environment

The police have registered a case against the miscreants for creating a ruckus and disturbing the environment in Poonam Coaster Society, two cases of interference in the communal and government work. On the other hand, the police have registered a case under the Maharashtra Police Act against 50 to 60 volunteers including Bajrang Dal’s Nagnath Kamble for disturbing the order. In Poonam Coaster, two cases of rioting and one case of assault and injury to a Bajrang Dal volunteer have been registered in this case. The accused has been arrested, while the investigation of the other two cases is underway. All three cases have been registered at Kashi Mira Police Station.
Regarding the above-mentioned cases, tension had arisen due to the tethering of goats in the premises of the Poonam Cluster One building society in Kashmira police station limits. Three crimes have been registered in Kashi Mira police station limits.
A case under Section 118(1), 115(2) of the IPC has been registered at Kashi Mira Police Station. According to the details, at 12.50 pm, on the footpath in front of the cake shop near the gate of Poonam Cluster 01, Mira Road East District Police Station, Poonam Cluster 01 Society Bajrang Dal worker Nath Kamble along with some residents of the society were present here and were talking to Nagnath. An attacker, aged around 40 to 45 years, dressed in a white full-length shirt and blue jeans, tried to stab Nagnath Kamble from behind with a knife. At that time, the plaintiff brought his left hand into the bag to save him. When 16-year-old Karan Jain, who was standing behind the plaintiff, tried to catch her, she punched Karan Jain on the right cheek and then the attacker attacked and fled. In this case, the police have arrested the accused after registering a case. Now, along with this, the police have registered a case under sections 132, 196, 3(5) of the BNS. In this case, the police have arrested Bajrang Dal worker Durgesh Jaiswal, aged 30 to 35 years, 2. Harsh Singh, 22 to 25 years 3. Mohit Chaurasia, aged 35 years, a resident of Mira Bhayander, a 25 to 30-year-old young man wearing a blue half-t-shirt and black pants, long hair, raised religious slogans here. In addition, by bringing the white pig to this location and trying to forcefully take it into the premises of the society, they raised provocative slogans that promoted enmity between classes on the basis of religion and caste, incited hatred, disrupted harmony and disrupted public order, tried to take the pig into the premises of the society, protested against the government and tried to incite violence among Muslims. When the police intervened in this matter, they obstructed the performance of official duties. The police have registered a case in this matter. Similarly, the police have also registered a case against the Bajrang Dal activists who spread unrest here. The police have registered a case under the Maharashtra Police Act against them. They include Bajrang Dal activists Nagnath Kamble aged 50 to 55 years, Rupesh Dubey aged 40 to 45 years, Ankit Mishra aged 25 to 30 years, Rakesh Kotian, Suraj Sahu aged 25 to 30 years, Pawan Thakur, Bhajayal Rashyal, and others aged 50 to 60 years. All of them had created a ruckus in the society here along with destroying the peace of the society and trying to spoil the situation, after which the police took this action. Now peace has been established here but tension also persists.
Maharashtra
Fugitive accused arrested in Mumbai Powai murder case, anger over dispute a week ago was the motive for the murder, police investigation after the murder concluded

Mumbai: Crime Branch Unit 10 has claimed to have arrested the absconding accused involved in the murder from Surat Gujarat. According to the details, on May 24, the body of a 55-year-old man named Yusuf was found in Powai Tanga village, Saki Vihar. Someone had stabbed him to death with a sharp weapon and stabbed him on the chest. The police registered a murder case in this matter and started investigation. Then they examined about 100 CCTV footage in this matter and it was found that the accused had fled after the murder in Gujarat. After that, the police arrested the accused from here and handed him over to Powai police for further action. The accused, Deepak alias Deepa Nathu Prasad Verma, 26, had an argument with Yusuf over something a week ago, which angered him and he killed Yusuf and fled. The police have taken action in this matter and claimed to have arrested the accused and solved the case. This action was taken by DCP Detection Nonath Dhole on the instructions of Mumbai Police Commissioner Devin Bharti. .
Maharashtra
Mumbai ANC Action Drug trafficker Haroon sent to Yeru Da Jail for one year

Mumbai: Anti-Narcotics Cell ANC has sent drug smuggler Haroon Farooq Khan (41) to Pune Yerwada Jail for one year. A case has been registered against him under the NDPS Act. The accused was found involved in drug trafficking even after being released on bail, so while taking action against him, ANC proposed action against him under the PIT NDPS Act, 1988 and after approval from the Home Ministry, he has been sent to Yerwada Jail for one year. Haroon is active in drug trafficking. There are 8 NDPS cases registered against him in different police stations.
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