Hi-Rock Construction Pvt. Ltd. v. Municipal Corporation of Greater Mumbai Corporation of Greater Mumbai Corporation
Case brief
What is this about?
Bombay High Court writ petitions WP 4641/2025, WP(L) 16815/2025, WP(L) 16761/2025 (decided 04.05.2026; authored by Gautam A. Ankhad, J., with Shree Chandrashekhar, CJ.): MCGM rejection of Hi-Rock's redevelopment proposal (Regs. 33(7)/33(9), DCPR 2034) quashed for procedural unfairness — no prior notice, no disclosure of deficiencies, no hearing, opaque and pre-determined action amounting to arbitrariness, breach of natural justice and malice in law; rival NDW/Savera proposal acceptance (08.05.2025, 20.05.2025) also quashed; tenant-consent percentage dispute expressly left open; fresh hearing directed before reassessment of rival proposal. Keywords: Article 226; mandamus; certiorari; malice in law; natural justice; arbitrariness; redevelopment; DCPR 2034; MCGM Estate Department; tenant consents; judicial review of process.
What did the court decide?
All three writ petitions allowed in terms of prayer clause (b): the impugned decision/letter dated 18 February 2025 is quashed, and the consequential decisions of respondent no.2 dated 8 May 2025 and 20 May 2025 (challenged in WP(L) 16761 of 2025 and WP(L) 16815 of 2025) are also quashed. Respondent nos.1 and 2 are directed to provide an opportunity of hearing to the petitioner-Firm in WP 4641 of 2025 and WP(L) 16761 of 2025 on the factual aspects of consents and the legal requirement in light of the affidavits and documents placed before it; any adverse decision shall be forthwith intimated to all parties, and only a fortnight thereafter shall respondent no.2 take a decision assessing the proposal filed by respondent nos.4 and 5. No order as to costs.