On September 9, 2025, the Bombay High Court issued a ruling that removes one of the biggest hurdles in Mumbai's redevelopment landscape — ending the requirement for new developers to obtain two-thirds consent from allottees of a terminated developer.
Why This Matters for Mumbai
Redevelopment has long been central to addressing Mumbai's housing crunch. The city faces a shortage of nearly 400,000–450,000 units, with over 19,000 cessed buildings and 25,000 dilapidated structures at risk. Mumbai also leads the country in stalled projects, with more than 2,000 delayed, often because of regulatory bottlenecks. By removing the consent requirement, the Court has created a clearer, quicker pathway for societies and developers to move forward.
Breaking Down the Case
The ruling arose from a petition by Tuvin Constructions LLP against MahaRERA's insistence on consent from allottees of the terminated developer in the Vilas Vaibhav Co-operative Housing Society project. The society's original 2014 agreement with Aditya Developer was terminated in 2023 by arbitral award. In October 2024, the society appointed Tuvin as the new developer.
When Tuvin sought MahaRERA registration in March 2025, consent under Section 15 of RERA was demanded. The Court, led by Justices Riyaz Chagla and Farhan Dubash, held there was no privity of contract between the new developer and the old allottees, directing MahaRERA to process registration without delay.
The judges emphasised: once an erstwhile developer's rights are terminated, old allottees cannot extend claims to the new developer.
Key Takeaways
Consent Not Needed: No two-thirds consent required from old allottees once a termination is legally valid.
Society-Led Decisions: Registration can proceed with the society's new agreement.
Legal Consistency: Court reaffirmed that there is no contractual link between the new developer and prior purchasers.
Immediate Effect: Request for a stay was declined; registration to move forward promptly.
This verdict marks a turning point for Mumbai's redevelopment journey. By streamlining the consent process, it ensures that societies, developers, and ultimately homebuyers benefit from faster, fairer redevelopment.
Wider Context
Redevelopment is already reshaping Mumbai: by May 2024, over 31,000 projects were approved, with 15–25% of registrations tied to redevelopment. Yet MahaRERA has suspended 4,800 projects for non-compliance, while 7,500 cases remain pending. Many of these stem from consent disputes — the very issue addressed by this ruling.
What Housing Societies Should Know
For societies, the ruling brings faster timelines — projects can restart in weeks instead of months — stronger bargaining power for better terms on carpet area, amenities, and possession timelines, and legal clarity provided the termination is sound.
Important: This does not change the rule that 51% member approval is required at the initial redevelopment stage. The ruling applies only to post-termination MahaRERA registrations.