Article 95a of mhada
sarfraz solanki
(Querist) 17 June 2012
This query is : Resolved
We have received letter of Show cause for summary Eviction Under section 95A of the Mhada Act 1976.We have not accepted the rent as well as shifting to other location.we are lawfull owner of the flat.Can they evict us.Case is still in court.
ajay sethi
(Expert) 17 June 2012
yes MHADA can evict you summarily under provisions of section 95 A of Mhada Act as per the amendment to the DC regulation 33 (5) whereby the board could initiate summary action for eviction of non-cooperative members of the society in the event of their refusal to vacate their tenements
ajay sethi
(Expert) 17 June 2012
Mumbai, Mon Sep 14 2009, 05:11 hrs
The Bombay High Court has upheld that the state housing board has powers to issue notices to persons who fail to vacate any premises considered for redevelopment.
The court has accepted that by virtue of amendment to 33 (5) of the Development Control Regulations, Maharashtra Housing and Area Development Authority (MHADA) can invoke summary powers for evicting non-cooperative members.
The observation came in response to a petition filed by some members of a redevelopment scheme who had challenged showcause notices issued by MHADA.
The case relates to a redevelopment scheme under DC Regulation 33 (5) undertaken in the Sundernagar MHADA layout at Santacruz East upon an NOC granted by the Board on April 26, 2006.
However, some persons in the redevelopment scheme, for nine buildings, though having signed the redevelopment agreement with the developer refused to vacate the tenements occupied by them.
Subsequently, suits were moved by the developer against the members for vacating the premises but no orders were passed.
In the meantime, on December 6, 2008 the amendment to the DC regulation 33 (5) came into force whereby the board could initiate summary action for eviction of non-cooperative members of the society in the event of their refusal to vacate their tenements.
Accordingly an application was made by the developers A A Private limited for eviction of three of the non-cooperative members after which the executive engineer issued a showcause notice under section 95 (A) of the MHADA Act against the three members calling upon them to shift to the transit accommodation.
These show cause notices were challenged by the members in the city civil court which refused to grant any interim relief after which they appealed before the HC.
It was contended by the member that, in view of the fact that the conveyance of the land has been executed by MHADA in favour of the society MHADA ceases to have any authority to issue any such notices for their eviction.
However, counsel for the board, G W Mattos pointed out that there are 288 tenements in nine buildings and the present case pertained to one building where out of 32 members three were obstructing the redevelopment scheme and the rest have shifted to transit accommodation.
Mattos further pointed out that in view of the amendment to DC regulations the provisions of section 95 (A) were made applicable to 33 (5) by which the board could invoke summary powers for evicting non-cooperative members.
Justice R S Mohite upheld these arguments and accepted that MHADA is vested with statutory powers under to issue notices to persons who fail to vacate the premises.
While dismissing the petition, the court has granted members two weeks time to vacate the tenement and gave liberty to the board to execute the notice in the event the members fails to vacate.
Shonee Kapoor
(Expert) 17 June 2012
Ld. Sethi is the best person to advise in the same, he has guided you better.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
