Insights On Mumbai Redevelopment: How The New MahaRERA Consent Waiver Speeds Up Projects
On September 9, 2025, the Bombay High Court issued a ruling that removes one of the biggest hurdles in Mumbai’s redevelopment landscape.
Freepik
By Pantheion Real Estate Developers – Insights on Mumbai Redevelopment
On September 9, 2025, the Bombay High Court issued a ruling that removes one of the biggest hurdles in Mumbai’s redevelopment landscape. The Court held that new developers do not need two-thirds consent from allottees of a terminated developer to register with the Maharashtra Real Estate Regulatory Authority (MahaRERA). This clarification could unlock thousands of stalled projects, paving the way for faster redevelopment across the city.
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 emphasized: 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.
Before vs. After the Ruling
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: Restart projects in weeks instead of months.
Stronger bargaining power: Better terms on carpet area, amenities, and possession timelines.
Legal clarity: Provided the termination is sound (e.g., arbitral award), fresh registration no longer hinges on old allottee consent.
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 registrations.
Implications for Homebuyers
Claims by purchasers under the old developer remain with that developer.
The decision prevents viable projects from being trapped in consent disputes, increasing the supply of redeveloped housing stock.
FAQs on the Consent Waiver
Does this apply to all redevelopment projects?
Yes, where a previous developer’s rights are legally terminated and a new developer is appointed.
What are the next steps after termination?
Societies must pass a resolution, sign a new development agreement, and file Form A for MahaRERA registration—no old allottee consents needed.
Will delays really reduce?
Yes. By removing one of the most contentious hurdles, the ruling should significantly cut timelines for many stalled projects.
Are other RERA compliances still necessary?
Absolutely. Full disclosure, adherence to timelines, and regulatory transparency remain mandatory.
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.
Pantheion Real Estate Developers is a design-led redevelopment firm based in Mumbai. Through its “Insights on Mumbai Redevelopment” series, Pantheion shares analysis on housing policy, regulatory developments, and urban transformation, helping societies, homebuyers, and stakeholders better understand the city’s evolving real estate landscape.
RECENT STORIES
-
-
-
-
-