Latest news with #MhadaAct
Hindustan Times
3 days ago
- Business
- Hindustan Times
‘Colossal misuse of authority': HC orders inquiry into 935 Mhada redevelopment notices
MUMBAI: Calling it a 'colossal misuse' of authority, the Bombay high court on Monday appointed a two-member committee to investigate a 'racket' involving engineers from the Maharashtra Housing and Area Development Authority (Mhada) illegally issuing 935 redevelopment notices to old buildings in prime locations in the city. MHADA Office at Bandra Internet photo A division bench of justice GS Kulkarni and justice Arif Doctor ruled that Mhada's executive engineers had issued these notices without jurisdiction as they had vested interests in the properties, which are located in upmarket areas in south Mumbai, such as Banganga Road, Walkeshwar, Gamdevi Road, BG Kher Marg, and Nepean Sea Road. The inquiry will be conducted by a two-member committee headed by justice (retired) JP Deodhar, a former judge of the Bombay high court, and retired principal district judge Vilas D Dongre. The committee has been asked to submit its inquiry report within six months. The court issued the orders after hearing a bunch of petitions challenging the redevelopment notices issued by Mhada to hundreds of cessed buildings that it had deemed dangerous and dilapidated. The petitions claimed that executive engineers from the Mumbai Building Repairs and Reconstruction Board (MBRRB), a statutory unit of Mhada, had issued the notices without jurisdiction and based on only a 'visual inspection,' without conducting a structural audit of the buildings. The entire controversy revolves around section 79-A of the Mhada Act, which allows Mhada to initiate the redevelopment of dangerously dilapidated cessed buildings if neither the owner nor the tenants take the necessary steps within a specified timeframe. Earlier this month, the court had observed that an executive engineer in Mhada had no jurisdiction to issue the redevelopment notices, adding that their action appeared to be high-handed. Calling the matter serious, the court held that the notices were issued to give an undue advantage to certain people, while curtailing the rights of the owners and tenants of the cessed buildings. 'This would amount to a brazen misuse of the powers and authority vested with the concerned officers of Mhada at whichever level, we do not know', the bench said. Citing a 2024 judgement, the bench stated that section 79-A of the Mhada Act can be invoked only if a building is first declared dangerous by the Brihanmumbai Municipal Corporation (BMC) or a competent authority. It had held that executive engineers have no independent power to issue such notices. Advocates NV Walawalkar, GS Godbole and Surel Shah, appearing for the petitioners, submitted that Mhada had not vested any jurisdiction whatsoever in the officers who issued such notices. Even assuming the appropriate authority was involved, under Section 79-A, the notices could not have been issued based on just a 'visual inspection' of the buildings concerned, the petitioners argued. On the other hand, senior counsel PG Lad, representing Mhada, referred to provisions of the Mhada Act which showed that it was 'the primary responsibility of the board to repair the cessed buildings.' Considering the large number of prime properties being adversely affected, the bench stated that the matter has 'gathered the colour of a racket/scam' by misusing the provisions of law. It noted that the redevelopment of the properties had been ordered at the behest of 'unscrupulous persons with vested interests' who intend to take advantage of the fact that the buildings are old. The consequences of issuing such notices without the jurisdictional requirements are 'horrendous to say the least,' the bench said. Noting that the redevelopment of cessed properties involves floor space index incentives, which is 'a bonanza for commercial exploitation,' the court stated that the vested interests in these properties can be worth a fortune. 'The statutory machinery being misused for such ulterior motives and for windfall of benefits is a matter of serious concern. It is beyond one's imagination as to how, in such large numbers, the impugned notices under Section 79-A could at all be issued,' the court said. Expressing concerns over the board's actions, the court held that if accepted, it would amount to rewriting legislative provisions and recognising a regime of colossal arbitrariness and abuse of powers. 'The pattern is quite unique. It appears to be quite clear that these notices are issued wholly without jurisdiction. We may also observe that the petitioners' case being of an extreme, unfortunate and blatant abuse of the powers by these officers,' the court added.
Time of India
3 days ago
- Business
- Time of India
HC orders probe into 900+ Mhada notices for redvpt by dubbing bldgs dangerous
Mumbai: Bombay high court censured Mhada on Monday for the illegal and high-handed actions of its executive engineers in issuing over 900 notices for redevelopment of premises by dubbing them dangerous, trampling on the constitutional rights of owners of cessed buildings and, in many cases, also of their tenants. The HC dubbed such notices and the redevelopment powers invoked by the executive engineers and the Mhada repair board, without any jurisdiction, a "regime of colossal arbitrariness and abuse of powers by such officials in committing bald, brazen and patent acts of illegalities". Observing that a mere stay of the notices — those that Mhada did not withdraw later — was not enough, the court ordered an enquiry by a two-member panel of former HC judge Justice J P Devadhar and retired principal district judge Vilas Dongre to examine all 935 notices issued under Section 79A of the Mhada Act. This section enables the authority to acquire dangerous cessed buildings and carry out redevelopment when both the owners and tenants' associations fail to do so after the building is declared dilapidated and dangerous. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The order of the high court bench of Justices Girish Kulkarni and Arif Doctor came on a batch of petitions against the notices issued by the Mumbai Building Repairs and Reconstruction Board, a statutory unit of Mhada. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Compare Spreads: Bitcoin vs Ethereum CFDs IC Markets Learn More Undo Section 79A has had a vexed presence. It was introduced in Dec 2022 to enable the redevelopment of a building on the premise that the structure is dangerous. "However, whether a building is dangerous or not cannot be the ipse dixit of the concerned is required to be decided as stipulated by law," the HC said. The two-member committee named by the Bombay high court will also examine subsequent actions to withdraw such notices, and the role of the officials and motives, if any, in the issuance of the notices. Justice Kulkarni, who authored and read out the order in court, said the "committee shall examine the purpose, basis, intention, and the authority of the vice-chairman to issue the SOP dated Dec 5 2024". The SOP creates a parallel machinery and cannot be interpreted by officials to assume power to issue notices, the HC said. The section was introduced since Mhada said there were over 13,000 old and dilapidated cessed buildings in Mumbai constructed prior to 1940. Mhada was tasked with their repairs. The law was also amended to enable owners with 51% consent of tenants to redevelop, but Mhada said despite the repair board declaring buildings "dangerously dilapidated", owners do not come forward to redevelop. The HC said executive engineers invoke Section 79A by a "visual examination" of a building to declare it dilapidated and proceed to issue notices for redevelopment. "By issuance of these notices, ultimately what is sought to be achieved, and certainly at the behest of vested interests, is a fait accompli by exploiting the incentives on the redevelopment by such vested interests by misuse of the official machinery of Mhada and the repair board for the benefit of either the landlord or tenants." The HC stressed, "The issuance of such notices by such officials in the manner as resorted is only to enable and aid the sinister motives, to be achieved at the instance of one party against the other, in the redevelopment of a building without verifying whether it needs to go for redevelopment." The court posted the matter on Aug 12 and called for a report from the committee in six months. The court rejected a plea by Mhada lawyer P G Lad for a stay of the order.
Time of India
18-07-2025
- General
- Time of India
Only 1 of 8 city division gave dilapidated bldgs' list: CAG
Mumbai: Authorities displayed a casual approach towards dilapidated buildings as only one out of eight selected divisions in the city submitted a list of identified dangerous or dilapidated structures in its area, and that too without proper verification. Only the Kalachowki division provided a list of 248 buildings, but the audit revealed that 76 had already been demolished, redeveloped, or were under redevelopment. In the past, the city had witnessed instances of collapse of such dilapidated buildings or its parts, resulting in deaths. Under the Mhada Act, the BMC must submit full details of cess buildings in ruinous or dangerous conditions, likely to collapse without urgent repairs, or those for which BMC has served notice. The audit observed that among eight selected divisions of Mumbai Building Repairs and Reconstruction Board (MBR&RB), BMC provided the list of only Kalachowki division. The govt replied to the CAG that directions were issued to all Executive Engineers (of Mhada) to obtain lists from their respective ward offices. The audit noted that MBR&RB relied solely on visual inspections, ignoring recommendations for technical audits to decide on status of cess dilapidated buildings. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai
Hindustan Times
04-07-2025
- Business
- Hindustan Times
Rent for tenants of dangerous cessed bldgs to be hiked to ₹30,000/ month: Minister
Mumbai: The state government will consider increasing the monthly rent given to tenants of dangerously dilapidated cessed buildings in Mumbai which are undergoing redevelopment from ₹20,000 to ₹30,000, minister of state for urban development Pankaj Bhoyar said in the state assembly on Thursday. There are around 13,000 cessed buildings in the island city and most of them are in dilapidated condition. (Satish Bate/HT PHOTO) 'During redevelopment, tenants will have to stay elsewhere and the amount of rent fixed at ₹20,000 per month is very less. Hence, the government will consider increasing the rent to ₹30,000 per month,' Bhoyar said. No objection certificates (NoC) issued to developers for redevelopment of cessed buildings under Development Control Regulation (DCR) 33 (7) will be also cancelled in cases where work has not commenced despite the passage of three years, the minister said. Bhoyar was responding to complaints of delay in the redevelopment of cessed buildings, raised by several legislators from the city cutting across party lines. Cessed buildings refer to buildings constructed between 1940 and 1969 that are maintained by the Mumbai Building Repair and Reconstruction Board (MBRRB) of the Maharashtra Housing and Area Development Authority (Mhada). There are around 13,000 cessed buildings in the island city whose tenants pay a tax or cess to the housing authority towards maintenance and repairs. The MBRRB had declared 96 cessed buildings as dangerous following a pre-monsoon survey this year. DCR 33 (7) governs the redevelopment of cessed buildings. In December 2022, the state government introduced clause 79 (A) in the Mhada Act, 1976, allowing the housing authority to undertake redevelopment of dilapidated cessed buildings in cases where owners or tenants failed to appoint a developer. Though the objective of the amendment was to ensure speedy redevelopment of cessed buildings, not a single redevelopment proposal has been approved by the state government since then, legislators from the city said in the assembly on Thursday. Congress MLA Amin Patel pointed out that 14 proposals were still pending with the state government. 'Section 79(A) is applicable to buildings classified as C1 structures, which are extremely dangerous and unfit for habitation. But the clause should apply to C2 structures, which require only partial demolition and major structural repairs,' he said. Bhoyar accepted that 14 proposals were pending with the government and attributed the delay to litigation. 'In some cases, land owners conducted third party audits and approached the courts, saying redevelopment was not required, which led to delays. The government will approve the proposals at the earliest,' the minister said. The government will also consider extending section 79 (A) of the Mhada Act to C2 structures, he said.
