Bombay HC Issues Notice To MBMC Over Windsor Project Dispute

The Bombay High Court has issued a notice to the Mira Bhayandar Municipal Corporation (MBMC) and its commissioner over alleged disobedience of a court order in the Windsor project case.

The court's action comes after a contempt petition was filed by M/s Grandbuild Land Developers LLP, the developer of the Windsor project. The developer claims that despite a court order protecting it from adverse action, the MBMC issued a communication directing that construction be stopped or the permission would be cancelled.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed strong displeasure over the civic body's conduct and questioned why it followed an MLA's directions despite a Division Bench order. The court was informed that the MBMC's communication led to MahaRERA placing the project in abeyance, freezing the developer's bank accounts, and barring it from executing sale deeds.

The bench noted that MahaRERA had acted without being informed about the High Court's protection, which had worsened the situation. The judges said that the MBMC had earlier sought time to file its reply and the court had specifically directed that no adverse order be passed or precipitate action taken.

The commissioner of MBMC, Radhabinod Aribam Sharma, appeared through video conference and offered to withdraw the orders and tender an apology. However, the court refused to close the contempt proceedings, stating that it was a gross case.

The dispute concerns the developer's multi-storey residential project, Windsor, and Reservation No. 138, earmarked for a primary school and playground under the Unified Development Control and Promotion Regulations. The developer claims it transferred 1,066.42 sq m of land to MBMC in February 2023 and agreed to construct a school building with over 2,000 sq m of built-up area.

The developer alleges that the civic body later revised its demand to 2,000 sq m of land following a complaint by a local MLA. The developer has challenged the action as arbitrary and contrary to the development regulations.

The court has directed the MBMC to withdraw all stop-work communications within three working days and MahaRERA to remove adverse abeyance messages concerning the project from its website within five days and unfreeze the developer's bank accounts.

The case highlights the importance of civic bodies adhering to court orders and the need for transparency in their actions. The Bombay High Court's decision to issue a notice to the MBMC and its commissioner sends a strong message that disobedience of court orders will not be tolerated.

The outcome of this case will have significant implications for the developer and the civic body. The court's decision will determine whether the MBMC's actions were justified and whether the developer's rights were violated. The case is a reminder that the judiciary plays a crucial role in ensuring that the rule of law is upheld and that civic bodies are held accountable for their actions.

In conclusion, the Bombay High Court's action in the Windsor project case is a significant development that highlights the importance of adherence to court orders and transparency in civic actions. The case will be closely watched as it progresses, and its outcome will have important implications for the developer, the civic body, and the broader community.