Avinash Gaikwad & Ors vs State Of Maharashtra & Ors

The Supreme Court upheld the decision of the Bombay High Court dismissing W.P.No.649/2005, affirming the validity of the no objection certificate (NOC) granted by MHADA for redevelopment under Regulation No. 33(7) of the Development Control Regulations for Greater Mumbai, 1991. The Court emphasized that the redevelopment scheme, which allows for the construction of additional tenements and free sale flats, is in accordance with the Urban Renewal Scheme and addresses the financial constraints faced by MHADA. The Court held that the proposal by the Pimpalwadi Bhadekaru Sangh and the subsequent actions by MHADA and the State Government were legally sound and in the public interest.