Supreme Court

Supreme Court: Jyoti Builders' Bid to Acquire Malad Land Dismissed

Updated
Dec 8, 2025 3:05 PM
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Here's a breakdown of the Supreme Court's decision on the case between Jyoti Builders and the Chief Executive Officer of the Slum Rehabilitation Authority (SRA), decided on December 2, 2025.

Background of the Case

The case involves a piece of land in Malad, Mumbai, originally owned by F.E. Dinshaw Trust and declared a slum in 1987. Jyoti Builders wanted to develop this land through a slum rehabilitation plan but faced legal challenges, mainly from the land's previous owner, Phuldai Yadav, and the new owner, Alchemi Developers.

The Core Dispute

  • Land Ownership and Development Rights: The land was sold by Phuldai Yadav to Alchemi Developers in March 2022. Jyoti Builders claimed that the land was part of their slum redevelopment plan and should be taken over by the state for this purpose.

  • High Court's Decision: The Bombay High Court disagreed with Jyoti Builders, saying they had taken too long to act and that Alchemi Developers had the right to propose their own plan.

Supreme Court's Judgment

Acquisition of Land
  • No Order for Acquisition: The court refused Jyoti Builders' request to force the state to take over the land, highlighting that the current owner, Alchemi Developers, has the right to develop the land.
Occupation Certificate
  • Conditional Approval: Jyoti Builders can get the Occupation Certificate for their final building if they give up part of the land set aside for recreational purposes.
Compensation and Development Rights
  • Compensation Confirmed: The court confirmed that Jyoti Builders had been fairly compensated with building rights for the redevelopment they completed.

Key Takeaways

  • Rights of Current Owners: The decision stressed that the current landowner has the right to develop the land, and the state cannot take over the land without respecting these rights.

  • Preservation of Recreational Ground: The court ordered that no building should happen on the recreational ground, making sure it stays as open space.

  • Final Resolution: The Supreme Court's decision ends further attempts by Jyoti Builders to take over the land and supports the rights of the current landowner, Alchemi Developers.

Tags:
Land Acquisition
Property Rights
Housing Law