#DCPR 2034

Bombay High Court holds that MHADA lacks statutory authority to include co-operative housing societies in cluster redevelopment under DCPR 33(9) without their consent, as it violates lease rights and constitutional protections under Article 300A. The ruling reinforces that state agencies cannot override property rights without explicit legal backing.

The Bombay High Court has ruled that when a land-owning authority fails to respond to a NOC request within 60 days under DCPR 2034, approval is deemed granted - and any subsequent refusal without reasoned justification is arbitrary and unlawful. This sets a critical precedent for slum rehabilitation developers and housing societies facing bureaucratic delays in government approvals.

Bombay HC quashed a No Objection Certificate (NOC) denial for a slum rehabilitation project, ruling that administrative decisions under Clause 2.8 of Regulation 33(10), DCPR 2034 must be reasoned. The judgment reinforces the duty of transparency for landowning authorities, impacting developers and slum rehabilitation schemes across Maharashtra.

Bombay High Court rules that under DCPR-2034, only the first redevelopment proposal securing statutorily verified 51% tenant consents can proceed, invalidating subsequent competing applications. The judgment reinforces the 'first-past-the-post' principle in cooperative housing redevelopment, prioritizing procedural finality over parallel claims.

Bombay High Court holds that MHADA need not obtain consent from all cooperative societies for redevelopment when it remains legal owner of land and buildings under DCPR 2034.