Bombay High Court Allows Day-Care Centre In Residential Flat To Continue For 6 Weeks, Asks MHADA To Decide 'Change User' Plea
The Bombay High Court on Wednesday (August 19) directed the Maharashtra Housing and Area Development Authority (MHADA) to allow a pre-school and day care centre to operate from a residential apartment at least for the time till the authority decides the 'change of user' application filed by the said pre-school.
A division bench of Justice Makarand Karnik and Justice Sandesh Patil has protected from eviction till six weeks, the HMI Learning Private Limited, which provides day-care and pre-school services for children of working women in the plush Powai area.
Notably, the petitioner pre-school had received 'stop commercial activities' notices by the MHADA for running pre-school and day-care centre within four flats of the Gyanam Building in Powai area, which is constructed by MHADA. It was contended that running such commercial activities within MHADA-constructed residential buildings was impermissible.
The bench noted that the petitioner had already applied for 'change of user' before the MHADA and the authority's counsel too confirmed the same. The bench noted that the petitioner would be filing a proper application for 'changing the user' of the said flats from 'residential' to 'commercial' so that it can run its pre-school centre in the said four flats on the building's first floor.
The MHADA counsel too informed the bench that once such an application is received, the authority would be taking a final decision on the same within a period of two weeks.
"Considering that the day-care centre activities are being conducted in the premises, only in the interest of justice and in the interest of the children, we permit the said activities to be carried out for a period of six weeks from today. In case the petitioners do not succeed in getting a change of user, MHADA to take appropriate action for closing down the activities subject to any legal impediment," the bench said in the order.
The judges further granted liberty to the other residents of the housing society to file an objection to the application for change of user within a period of one week from today which shall be duly considered by MHADA.
"The Counsel for the other residents, has a strong objection to the day-care activities being conducted since the same are absolutely impermissible as admittedly no permission for change of user from residential to commercial has been obtained by the petitioners. As indicated, we are granting the limited protection only in the interest of the students and to enable the petitioners to make alternate arrangements in the meantime if they are not successful in getting a change of user," the judges clarified.
Further the bench took note of a tagged petition, wherein, it was highlighted that four other flats namely Flat Nos.404, 804, 904 and 1004 were being used as Airbnb facility without obtaining proper permissions. It noted that the said flats were used being use for 'commercial purposes.'
"We clarify that it is open for MHADA to take appropriate action against such flats in accordance with law," the judges ordered while disposing of the two petitions.
Appearance:
Advocates IK Tripathi, Divya Bhatia and CK Tripathi appeared for the Pre-School Centre.
Advocates Nakul Jain and Jainish Jain appeared for Original Owners of the Said Flat.
Chief Government Pleader Anjali Helekar along with Assistant Government Pleader Varsha Sawant represented the State.
Advocates Amrut Joshi, Nidhi Singh and Mehek Chowdhary instructed by Indialaw LLP represented the Other Members Of the Society.
Advocates PG Lad and Muralidharan Kalathil represented MHADA.
Case Title: Dhanvanti Kantilal Gada vs Maharashtra Housing and Area Development Authority [Writ Petition (L) 19795 of 2026]
Citation: 2026 LiveLaw (Bom) 397