Mhada act 1976
Querist :
Anonymous
(Querist) 29 October 2011
This query is : Resolved
Dear expert,
Please send me section 95 a(3) of Mhada act 1976. My query is, I am a tenant of Mhada building and residing in the mhada premises since 1988 illegaly. According to Mhada I am a tresspasser. We requeted mhada to regularise our tenancy but mhada did not agree for that. We approached the concerned minister and with thier help mhada agreed and passed a rosolution to regularise our tenancy and asked us to pay the cost of premises and arrears of rent. We paid the same in mhada office, then we executed the tenancy agreement with mhada and also paid proper stamp duty in Bombay Stamp office. After some time mhada passed another resolution to cancel the earlier rosultion and cancelled the scheme of regularisation of premises. And now mhada send notice u/s 95 a(3).
my query is after passing a resolution to regularise the tenancy of tenant, and after execution of tenancy agreement with tenant with payment of proper amount of stamp duty,how can mhada pass another resolution and cancel the earlier resolution and cancel the scheme? Then what about the execution of tenancy agreement with payment of stamp duty?
please advice me and if you require any more infomation pls let me know.
ajay sethi
(Expert) 29 October 2011
Section 95-A contemplates summary eviction of occupiers in certain cases. It provides that where the owner of a building or the member of the proposed Cooperative Housing Society of the occupiers of the said building, submits a proposal to the Board for reconstruction of the building, after obtaining the written consent of not less than 70 per cent of the total occupiers of that building and a No Objection Certificate for such reconstruction of the buildings is issued by the Board, to the owner or to the proposed co-operative housing society of the occupiers, as the case may be, then it shall be binding on all the occupiers to vacate the premises. In other words this is the power before reconstruction. Sub-section (3) confers a power on the Board to summarily evict an occupant occupying any premises, land, building or structure of the Board unauthorisedly or without specific written permission of the Board
ajay sethi
(Expert) 29 October 2011
Sub-section (4) only provides for the consequences of refusal to vacate or obstructing eviction
the Division Bench of this Court in the case of {Prabhawati Tokersi Chheda v. Maharashtra Housing & Area Development Authroity and Ors.) to point out that when the Court permits the
landlords/owner to develop he acts as agent of the Board and in these circumstances it will be open to this Court in the exercise of its extra ordinary jurisdiction to direct eviction of the unauthorised occupant and hand over the possession of the premises to the persons entitled to in terms of the names included in the N.O.C. for development.
ajay sethi
(Expert) 29 October 2011
Mhada can break open locks: Court
Hetal Vyas, TNN Feb 3, 2011, 01.22am ISTMUMBAI: In a landmark ruling, the Bombay high court on Wednesday ruled that Maharashtra Housing and Area Development Authority (Mhada) could initiate action against recalcitrant tenants. Under the Mhada Act, the housing body can break open the lock of a tenant's flat, who is unwilling to vacate the premises, under police protection. In a landmark ruling, the Bombay high court on Wednesday ruled that Maharashtra Housing and Area Development Authority (Mhada) can under the Mhada Act can initiate action against tenant who is unwilling to vacate the premises by breaking open lock under police protection.
The judgment was given by Justice S C Dharmadhikari, who was hearing a petition filed by Siddiqui Israr Alam. The judge observed that the development authority had the powers to take action if the tenant refused to vacate the premises, even after accepting a cheque towards the rent for alternative accommodation.
ajay sethi
(Expert) 29 October 2011
you are admmitedly a trespasser . since 1988 you are residing illegally . mhada cannot condone illegal occupatuiion . mhada must have realised resolution passed regualrising your unauthorised occupation was illegal so it cancelled it .
now notice has been issued toyou to vacate premises . if you fail to vacate it can evict you even break open the locks
Sankaranarayanan
(Expert) 29 October 2011
no one need to give more details for your query. Mr sethi given his effort to replied.
prabhakar singh
(Expert) 29 October 2011
I agree with Mr.Sethi who can authoritatively
speak about MHADDA Act.
