Mumbai Society Redevelopment: Bombay HC Orders ED to Issue NOC
Image: LiveLaw (file photo)
The Bombay High Court has directed the Enforcement Directorate (ED) to issue a no-objection certificate (NOC) within six weeks to the Antaral Co-operative Housing Society in Mumbai, so the 44-year-old, 10-flat building can be redeveloped even though one flat is attached under the Prevention of Money Laundering Act (PMLA). A bench of Justices Bharati Dangre and Ashish Chavan passed the order in Writ Petition 11339 of 2026; the judgment was uploaded on 16 October and reported by LiveLaw on 21 October.
One Attached Flat No Longer Blocks the Building
The society told the court that the building has no lift or modern safety features and is unsafe. Flat No. 4 was attached on the orders of a special court in Ranchi, and the ED refused the society an NOC on 2 September 2025, saying the flat was in the special court’s custody and the society should approach that forum. The High Court instead ordered the ED to issue the NOC, subject to the society’s affidavit.
What the Society Has Promised
In the affidavit, the society agreed not to challenge the attachment and to hand the replacement flat for Flat No. 4 to the ED after redevelopment. The replacement flat must be identified by number, floor, wing and carpet area, must be no smaller than the attached flat, and must carry parking and amenities. Money accruing from the flat will go to a separate account designated by the ED, and the development agreement must record the attachment. The bench refused the ED’s demand for a bank guarantee, noting that only one flat is attached and the developer and terms are not yet final.
Other redevelopment and ED matters are covered in the Delhi High Court’s ruling on ED lookout circulars and in Daily Updates.
Developer Selection Is the Next Step
The ED has six weeks from the order to issue the NOC. The society must now pick a developer and finalise the development agreement, and the terms are to be placed before the court once a developer is chosen. The judgment does not set a date for that.
Source: Bombay High Court judgment, Antaral Co-operative Housing Society vs Enforcement Directorate. Also based on reporting by LiveLaw and LiveLaw Biz.
Image: LiveLaw (file photo).
