Shanataben Sakalchand Jain through Power of attorney Holder Aarisha Ramesh Jain vs Mumbai Building Repair And Reconstruction Board — Bombay HC (2026) — LawSathi Research

Shanataben Sakalchand Jain through Power of attorney Holder Aarisha Ramesh Jain vs Mumbai Building Repair And Reconstruction Board — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of: (i) MHADA to hand over the rehab component to the petitioner within two weeks; (ii) transit rent deposited with MHADA to be verified and transferred to the petitioner expeditiously, subject to eligibility; (iii) petitioner may make a representation to MHADA regarding any other pending arrears; (iv) transit accommodation to be surrendered/handed over to MHADA on taking possession of the rehab component; (v) liberty to apply in case of difficulty.

Issue for consideration

Whether the rehab component/premises would be handed over to the petitioner. +1 more

Court's answer

On the recorded position that the transit rent had been deposited with MHADA and that MHADA would, after verification, transfer the amount to the petitioner expeditiously, the Court saw no reason to keep the Writ Petition pending.

Ratio / Principle

The Court accepted MHADA's assurance that the rehab component will be handed over to the petitioner within two weeks from the date of the hearing, thereby redressing the petitioner's grievance on handover of the rehab premises.

Key takeaways

For any other pending arrears, the petitioner is to make a representation to MHADA for redressal of the grievance.ratio¶21
As recorded in the order, the petitioner's counsel submitted on instructions that the transit accommodation will be surrendered/handed over to MHADA at the time of taking possession of the rehab component.ratio¶27-28
Liberty was reserved to the petitioner to apply in case of difficulty.ratio

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 4364 of 2025, Shanataben Sakalchand Jain v. Mumbai Building Repair And Reconstruction Board MHADA and Ors., disposed of on 10 March 2026 (Karnik & Modak, JJ.). The developer had already handed over the rehab premises to MHADA; MHADA gave an assurance, accepted by the Court, that the rehab component would be handed over to the petitioner within two weeks. Arrears of transit rent were stated to have been deposited with MHADA; MHADA was to verify and transfer the amount to the petitioner expeditiously, subject to eligibility, and the Court found no reason to keep the petition pending. Grievances as to any other pending arrears to be raised by representation to MHADA. Petitioner to surrender the transit accommodation to MHADA on taking possession of the rehab component. Liberty to apply in case of difficulty.

2026:BHC-OS:6251-DB

Bhogale 907.wp-4364-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.4364 OF 2025

Shanataben Sakalchand Jain … Petitioner Versus Mumbai Building Repair And Reconstruction Board MHADA and Ors. .… Respondents

Adv. Nikhil Waje a/w Adv. Anushree Koparkar, Adv. Adnan Sarang, Adv. Pratik Thorat i/b. Adv. Vishesh Srivastav, for the petitioner. Adv. P. G. Lad a/w Adv. Sayali Apte, for respondent No.3-MHADA. Adv. Manish Gala a/w Adv. Minil Shah i/b. Adv. Nilesh Gala, for respondent No.4.

Adv. Vaishali Ugale, for the respondent-BMC.

Mr. Laxman Munde, Dy. CO. RT, MHADA is present.

CORAM : M. S. KARNIK & S. M. MODAK, JJ.

DATE : 10^th MARCH, 2026

P.C. :

Heard learned counsel for the parties.

The developer says that the rehab premises which are

subject matter of the present Writ Petition have already been handed over to Maharashtra Housing and Area Development Authority (MHADA). Mr. Lad, learned counsel for MHADA on

instructions of the Officer present says that MHADA is willing to

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Bhogale 907.wp-4364-2025.odt

hand over the rehab component to the petitioner immediately. The petitioner is willing to accept the rehab component. Accordingly, so far as handing over of the rehab component is concerned, the grievance of the petitioner is redressed. We accept the assurance of the MHADA that the rehab component will be handed over to the petitioner within two weeks from today.

So far as the arrears of transit rent are concerned, learned counsel for respondent No.4 agrees that the transit rent has to be paid to the petitioner subject to the eligibility. However, it is his submission that the transit rent has been deposited with the MHADA. If that is so, Mr. Lad submits that he needs some time to verify and if the amount has been deposited, the same will be transferred to the petitioner expeditiously. In such view of the matter, we do not see any reason to keep the Writ Petition pending. If there is any grievance about any other pending arrears, it is open for the petitioner to make a representation to MHADA for redressal of his grievance.

Liberty to apply in case of difficulty.

Needless to mention and even the learned counsel for the

petitioner on instructions submits that the transit accommodation

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will be surrendered/handed over to MHADA at the time of taking

possession of the rehab component.

The Writ Petition is disposed of.

(S. M. MODAK, J.)

(M. S. KARNIK, J.)

Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 11/03/2026 10:57:42

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