MUMBAI, Oct. 28 -- The Bombay High Court has directed the Maharashtra Housing and Area Development Authority (Mhada) to issue a No Objection Certificate (NOC) for the redevelopment of a dilapidated building in Borivali. "We cannot accept the position that Mhada withholds the NOC when members of the petitioner society are residing in a dilapidated building and it is the legal obligation of the Mhada to grant an NOC in such circumstances, more particularly there being no legal hurdle whatsoever", the division bench of justices Girish Kulkarni and Aarti Sathe ruled on September 30, while warning that officials could not be blamed in case of any untoward incident. The court was hearing a petition filed by the Borivali Himkanya Co-operative Housing Society, regarding delay in its redevelopment. The building had been declared as a C1 structure by the civic body, indicating it was structurally unsafe and required demolition. The society subsequently appointed a developer to redevelop the property, but a legal dispute between the society and the developer led to delays in the society receiving an NOC from Mhada. On September 2, while the high court was hearing the private suit, it observed that private litigations cannot act as an impediment for Mhada to grant an NOC for redevelopment. "Granting of NOC would not in any manner disturb the nature of private litigation in any way", the court observed. The society subsequently approached the high court, saying the pending suit was private in nature, and therefore, did not restrain it from obtaining the NOC from Mhada. "There are no prohibitive orders in the suit which would restrain the petitioner in any manner or the Mhada from permitting the petitioner to proceed with the redevelopment and by appointing a new developer," the society contended. On September 30, the high court highlighted the emergency nature of the situation and urged the Mhada to process issuance of the NOC within two weeks. All members of the society were unanimous - not only on the condition of the building, but also that the process of expeditious redevelopment needed to be commenced, the court observed. Residents could not continue to occupy the building which had been categorised as 'C1', the court said. "None of the society members shall obstruct redevelopment and shall immediately take steps to occupy alternate premises as may be thought proper and in the facts and circumstances," the court said, directing the Mhada to issue an NOC....