In a recent twist, the Bombay High Court sided with residents of Rakhmabai Mhatre Chawl in Mulund, Mumbai, against the Municipal Corporation of Greater Mumbai (BMC). The court found the BMC's actions questionable and protected the residents from being forced to leave their homes.
This legal battle involves six people, including Rajkumar Gamandas Ramchandani, who challenged the BMC's notices. These notices, issued on March 15, 2025, claimed illegal construction under the Maharashtra Regional and Town Planning Act, 1966. The residents, however, have lived in the chawl since before 1962.
Judge Milind N. Jadhav noted that the BMC's notices were confusing and didn't clearly explain what the supposed illegal construction was. The judge remarked:
"The notice seems completely out of place... on one hand, it alleges unauthorized development and asks the Plaintiffs to fix it by applying for regularization."
The residents provided a lot of evidence, including ration cards, property tax bills, and electricity bills dating back to the 1980s, proving they have lived there for a long time. The chawl, built by the Mhatre family, has been home to these families for decades.
In 2013, the Mhatre family sold the property to Indu Enterprise, which agreed to maintain tenant rights. However, residents claimed that the new landlord influenced the BMC's actions to push redevelopment.
On January 5, 2026, the court canceled the BMC's temporary order from May 19, 2025, protecting the residents from any forced actions. Judge Jadhav emphasized:
"The action of the Corporation is clearly not justified... this Court has no other option than to decide the case itself and send the matter back to the Corporation for appropriate action."
The court's decision stops the BMC from taking action against the chawl residents until the case proceedings conclude. This ruling is a significant win for the residents, ensuring their homes remain intact for now.
This case highlights the ongoing struggle between redevelopment interests and tenant rights in Mumbai, a city where real estate is highly valued.
