The Maharashtra government is set to introduce a bill to amend the MHADA Act, paving the way for the redevelopment of nearly 13,800 cessed buildings in South Mumbai that have remained stalled due to an ongoing legal dispute.
The proposed amendment seeks to empower Executive Engineers of the Mumbai Building Repairs and Reconstruction Board as authorised officers, enabling them to declare buildings as highly dangerous. The move is expected to address objections surrounding Section 79(A) of the redevelopment policy, which are currently being heard by the Supreme Court.
The Mumbai Building Repairs and Reconstruction Board is responsible for maintaining and redeveloping ageing cessed buildings across South Mumbai. Although the state introduced a new redevelopment policy to accelerate the process, implementation has been delayed after some property owners challenged the authority of MHADA officials to classify buildings as dangerous.
Under Section 79(A), owners of cessed buildings that have received notices under Sections 353, 354 or 499 of the Municipal Corporation Act, or have been declared unsafe by a competent authority, must submit a redevelopment proposal to the Board within six months with the consent of at least 51% of tenants or occupants.
If the owner fails to do so, tenants are given six months to submit their own proposal with the required majority consent. If neither party proceeds within the prescribed period, MHADA is empowered to acquire the property and undertake redevelopment.
However, the implementation of this provision has remained on hold for nearly a year after legal challenges questioned MHADA’s authority to declare buildings unsafe.
The proposed amendment is expected to formally grant these powers to Executive Engineers, allowing the stalled redevelopment process to resume. If passed, the legislation is likely to benefit lakhs of residents living in ageing and structurally vulnerable buildings across Mumbai.
Welcoming the government’s decision, Vinita Rane, Secretary, Tagged Ekta Sangh, said, “Although it may be late, the government has taken a positive stand and taken concrete steps to pave the way for the redevelopment of cessed buildings. We welcome it. If the bill in this regard is passed and converted into law, the redevelopment of 13,800 buildings will be boosted. Tagged Ekta Sangh has continuously pursued for amendments in the law. Our pursuit has been successful.”
Source: Loksatta
