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The Supreme Court has delivered a significant judgment affirming that the Insolvency and Bankruptcy Code (IBC), 2016 cannot be misused as a shield by defaulting developers to obstruct redevelopment projects. The ruling underscores that insolvency protection cannot supersede the constitutional right of residents to live in safe and habitable conditions. Background of the Dispute: Redevelopment of Kher Nagar Sukhsadan Society The case arose from the redevelopment of the Kher Nagar Sukhsadan Co-operative Housing Society in Bandra (East), Mumbai. The society had entered into a redevelopment agreement with AA Estates Private Limited in 2005, followed by a supplementary agreement in 2014. Despite more than a decade passing, no substantial redevelopment work had commenced. In 2017, the Municipal Corporation of Greater Mumbai (MCGM) issued notices declaring the structure unsafe for habitation, forcing residents to continue living in hazardous conditions. After continued delay, the society...

Introduction: A Major Shift in Maharashtra’s Urban Redevelopment Policy The Maharashtra Government has issued a significant Government Resolution (GR) dated 13 November 2024 , removing the requirement of obtaining individual slum-dwellers’ consent for cluster redevelopment projects . This marks a major departure from earlier slum rehabilitation frameworks, which depended heavily on consent thresholds ranging between 50% to 70% under various regulations. The new framework seeks to accelerate redevelopment in Mumbai and other urban pockets by enabling quicker clearance of slum clusters, integrating government-owned lands, and expanding permissible redevelopment zones, including CRZ-regulated areas. Removal of Consent Requirement Under the new GR, individual slum dwellers’ consent is not required for initiating cluster redevelopment. The Slum Rehabilitation Authority (SRA) will identify eligible cluster areas and forward them to the High Power Committee (HPC) for final approva...

Case Background: Pratibha Tower and Its Controversial History Pratibha Tower was originally a 36-storey luxury residential project in Breach Candy, Mumbai, launched in 1984. It later became the center of a major real estate fraud scandal when authorities found that the developer had overstated the plot area to gain unauthorized Floor Space Index (FSI) benefits. This resulted in illegal additional construction and regulatory intervention. Among the early apartment purchasers were well-known personalities, including Lata Mangeshkar and Asha Bhosale , highlighting the project’s high-profile nature. Litigation Timeline and Demolition 1989 – BMC ordered demolition of the top eight floors . 2019 – The remaining structure was demolished after the cooperative society resolved to redevelop the land. 2022 – Society selected Crest Residency Pvt Ltd (JV: RA Enterprises + Crest Venture) as the new developer. June 2025 – Society member Devyani Gulabsi filed a suit challe...

Supreme Court’s Landmark Decision The Supreme Court of India upheld the Gujarat High Court’s decision permitting the partial demolition of the 400-year-old Mancha Masjid in Ahmedabad to facilitate a road-widening project . The Court emphasized that the move was driven by public interest and not a violation of religious freedom under the Constitution. A bench of Justices Surya Kant and Joymalya Bagchi clarified that the main mosque structure will remain intact , with only a portion of the vacant land and platform being affected. The Court further noted that the development plan included similar demolitions of a temple , a commercial building , and a residential house , indicating that the action was not discriminatory or targeted . Religious Rights vs. Property Rights The Supreme Court categorically stated that Article 25 of the Constitution — which guarantees the right to freely profess, practice, and propagate religion — does not apply in this case. Instead, the dispute...

The Allahabad High Court has issued a directive for status quo to be maintained on a fresh dispute over alleged illegal constructions on the Yamuna floodplain in Noida. The court’s decision, issued on August 26 and uploaded on August 31, 2025 , consolidates ongoing legal scrutiny of environmental violations in the ecologically sensitive region. Background: Petition by 30 Farmhouse Owners The court order came in response to a petition filed by 30 farmhouse owners challenging demolition notices issued by the Noida Authority . The petitioners alleged selective targeting of certain properties, claiming that their farmhouses: Are five kilometres away from the riverbank Lie outside the High Flood Level (HFL) zone Are temporary in nature Do not obstruct the natural flow of the Yamuna River The petitioners also challenged the Noida Authority’s demarcation of the floodplain, carried out under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 201...