Case Note & Summary
The appellants, eight tenants of a cessed building in Chittaranjan Nagar, Ghatkopar, Mumbai, filed a writ petition challenging an order dated 24 April 2012 passed by the Executive Engineer of the Maharashtra Housing and Area Development Authority (MHADA) under Section 95A of the Maharashtra Housing and Area Development Act, 1976. The order directed the tenants to vacate their tenements for repairs and redevelopment of the building, which was in a dilapidated condition. The learned Single Judge disposed of the writ petition with directions, against which the present appeal was filed. The appellants argued that the order was arbitrary and that they were not given an opportunity of hearing. The respondents, including MHADA, the Municipal Corporation, the housing society, and the builder, contended that the building was unsafe and required immediate redevelopment. The court examined the provisions of Section 95A, which empowers the Competent Authority to order repairs and redevelopment of cessed buildings in the interest of public safety. The court noted that the building had been classified as dilapidated and that the structural audit had recommended redevelopment. The court held that the order of the Executive Engineer was valid and that the tenants' consent was not a prerequisite for redevelopment. The court directed that the appellants be provided alternate accommodation or rent during the redevelopment period, and fixed interim rent at Rs. 5,000 per month per tenement. The court also directed the respondents to complete the redevelopment within a stipulated time frame and to ensure that the appellants are given possession of the new tenements. The appeal was disposed of with these directions.
Headnote
A) Housing Law - Cessed Building Repairs and Redevelopment - Section 95A of the Maharashtra Housing and Area Development Act, 1976 - Validity of Order - The appellants, tenants of a cessed building, challenged the order of the Executive Engineer of MHADA directing them to vacate for repairs and redevelopment. The court held that the order was valid as the building was in a dilapidated condition and posed a risk to life and property. The court emphasized that the authority under Section 95A has the power to order repairs and redevelopment in the interest of public safety, and tenants' consent is not required. (Paras 1-10) B) Housing Law - Interim Rent During Redevelopment - Section 95A of the Maharashtra Housing and Area Development Act, 1976 - The court directed that during the period of redevelopment, the appellants would be entitled to alternate accommodation or rent as per the scheme, and the respondents were directed to pay interim rent to the appellants at the rate of Rs. 5,000 per month per tenement until possession of the new tenement is handed over. (Paras 11-15) C) Housing Law - Maintenance of Cessed Buildings - Section 95A of the Maharashtra Housing and Area Development Act, 1976 - The court held that the MHADA authorities have a duty to ensure that cessed buildings are maintained in a safe condition, and if the building is beyond repair, redevelopment is the only option. The court directed the respondents to complete the redevelopment within a stipulated time frame. (Paras 16-20)
Issue of Consideration
Whether the order passed by the Executive Engineer under Section 95A of the Maharashtra Housing and Area Development Act, 1976, directing the appellants to vacate their tenements for repairs and redevelopment of the cessed building, was valid and justified.
Final Decision
The appeal was disposed of with directions that the order of the Executive Engineer under Section 95A is valid. The appellants are directed to vacate the tenements for redevelopment. The respondents are directed to pay interim rent of Rs. 5,000 per month per tenement to the appellants until possession of the new tenement is handed over. The redevelopment shall be completed within a stipulated time frame.
Law Points
- Section 95A of the Maharashtra Housing and Area Development Act
- 1976
- confers power on the Competent Authority to order repairs and redevelopment of cessed buildings
- the order must be based on structural condition and public safety
- tenants' consent is not a prerequisite for redevelopment
- the authority can fix interim rent during redevelopment.
