Limited Continuation of Day-Care and Airbnb Activities Allowed Pending MHADA's Decision
In a significant ruling, the Bombay High Court has addressed the ongoing issue of unauthorized commercial activities in residential premises constructed by the Maharashtra Housing and Area Development Authority (MHADA). The court's decision came in response to two writ petitions challenging notices issued to halt such activities.
Petitioner Dhanvanti Kantilal Gada and H.M.I. Learning Private Limited were called upon by MHADA to cease commercial operations in their residential flats, which include day-care and pre-school services as well as Airbnb facilities. MHADA regulations stipulate that any commercial use of residential premises requires prior authorization for a change of user.
The bench, comprising Justices M.S. Karnik and Sandesh D. Patil, has ordered MHADA to decide on the pending applications for change of user within four weeks. Meanwhile, in a move to balance regulatory compliance with practical considerations, the court has allowed the continuation of day-care activities for six weeks, emphasizing the welfare of the children involved.
Additionally, the court has granted MHADA the liberty to take action against flats operating as Airbnb facilities if deemed impermissible under existing regulations. The ruling further allows respondents to file objections against the change of user applications, which MHADA is required to consider.
The decision underscores the court's commitment to ensuring regulatory compliance while acknowledging the practical implications for individuals and businesses involved. It also highlights the judiciary's role in mediating between state regulations and the needs of the community.
Bottom Line :
Residential premises constructed by MHADA cannot be used for commercial activities without obtaining prior permission for change of user.
Statutory provision(s): MHADA Regulations
