Maharashtra Governement has given major chawl to landlord acquired by MHADA

Q: The state housing department has ordered that chawl be handed back to the landlord which Mhada had acquired 2 decades ago.

Amreesh Murugan,

29th March 2016

Real estate News in Mumbai

mhada

maharashtra housing and area development authority

oldest residential chawl of mumbai

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Replies (3)

Hi everybody,
Mumbai Building Repair and Reconstruction Board, they have issued a final hearing notice to the tenants on August 7, 2015 inviting the objecting tenants for final hearing. It was informed that if they were not present for the hearing, it will be presumed that they have no objection. Out of the 37 notices for final hearing, 21 notices were received back by this office for the reason that the names of persons who had been issued the notices had expired.

Vasanth,

29th March 2016

Comment

As per Mumbai Building Repair and Reconstruction Board, they have issued another notice right after 2 months and this time only 7 out of 37 tenants were present on October 13, 2015 but they didn't find their objection convincing and tenable and rejected them at once. It is found that 82.49% of the occupants did not object to the property being de-acquired. The divisional executive engineer found the buildings shabby and in a dangerous condition. So, he stated that they be redeveloped collectively.

Lewin G,

29th March 2016

Yes, in petition it was mentioned that the Supreme Court has already ruled that a property once acquired by Mhada cannot be de-acquired. A few yrs back, residents of a Dadar building approached the court, asking for de-acquire the property. But the Supreme Court refused their appeal, stating that no decision could be taken as the case about all such Mhada-acquired properties was pending before a larger bench.

Ananya,

29th March 2016

Comment

It is true Ananya. And currently, there is no provision in the law which permits Mhada to de-acquire property acquired by it. One of the housing authority's vice president had suggested that de-acquisition permission cannot be given as the Mhada Act has no such provision.

Lewin G,

29th March 2016

@Lewin,
A similar kind of case come into notice in the year 2013, several tenants had slapped a legal notice against Mhada, terming the move "illegal'' and "without authority of law''.

But the latest notification signed by special land acquisition officer of Mumbai Building Repair and Reconstruction Board said the majority of the chawl tenants are in favour of taking back the property from Mhada.

Ananya,

29th March 2016

As per the govt. notification March 8, 2016 that implies that all future benefits from the property's redevelopment will go to a private builder instead of Mhada.

Lewin G,

29th March 2016

Comment

And incident happened in 23rd March, some chawl tenants moved the Bombay high court against the government notification with their lawyer. As per Chawl members, it is illegal and MHADA is against Supreme Court decision. A division bench directed them to file a fresh petition, challenging the de-acquisition order of the government.

Saran,

29th March 2016