Topic

redevelopment rights

2 articlesLatest July 2026
Possessory Rights in Redevelopment | Petitioners Entitled to Alternate Accommodation & Transit Rent Pending Title Adjudication Under MCS Act : Bombay HC
Case Law Analysis
|Bombay High Court

Possessory Rights in Redevelopment | Petitioners Entitled to Alternate Accommodation & Transit Rent Pending Title Adjudication Under MCS Act : Bombay HC

The Bombay High Court has ruled that individuals in lawful possession of flats under redevelopment, even without registered title, are entitled to interim possession of alternate accommodation and transit rent while title disputes are resolved. This protects vulnerable occupants from displacement during prolonged litigation, reinforcing possessory rights as provisional ownership under the Maharashtra Co-operative Societies Act.

Co-operative Housing Society Eviction | Due Process Required to Vacate Dangerous Building Despite Redevelopment Rights : Bombay HC
Case Law Analysis
|Bombay High Court

Co-operative Housing Society Eviction | Due Process Required to Vacate Dangerous Building Despite Redevelopment Rights : Bombay HC

The Bombay High Court ruled that even when a co-operative society seeks to vacate a dilapidated building for redevelopment, due process must be followed to evict a holdout member. The court mandated municipal authorities to enforce evacuation after 13 of 14 members had left, affirming that public safety overrides individual resistance - but only if legal procedures are strictly observed. This sets a critical precedent for housing societies balancing redevelopment goals with constitutional rights to fair hearing and property.