A private member’s Bill introduced in the Maharashtra Legislative Assembly has proposed an amendment to the Maharashtra Housing and Area Development Authority (MHADA) Act to revive the stalled redevelopment of over 13,000 old and dilapidated cessed buildings in Mumbai.
The Bill, introduced by legislator Ajay Choudhari, seeks to address the legal uncertainty surrounding Section 79A of the MHADA Act, which resulted in the Bombay High Court staying its implementation. The amendment proposes that officers authorised by MHADA be empowered to exercise powers under Section 79A, replacing the earlier reference to a “competent authority” that became the subject of legal dispute.
If the state government introduces and passes a similar amendment, it could help remove the ambiguity that has delayed the redevelopment of thousands of ageing structures occupied by lakhs of tenants, many of whom reside in buildings constructed before 1940. Redevelopment of these properties has remained stalled due to landlord-tenant disputes, prolonged litigation and the unwillingness of some owners to redevelop unsafe buildings.
Last year, the Bombay High Court stayed nearly 935 notices issued by MHADA under Section 79A, observing that the powers may have been exercised without proper legal authority. The matter is currently pending before the Supreme Court.
Sections 79A and 79B were incorporated into the MHADA Act in 2020 following a series of fatal building collapses, including the Husaini Building collapse in 2017, the Dongri collapse in 2019 and the Fort building collapse in 2020. The provisions empowered MHADA to intervene when landlords failed to redevelop dangerous buildings and allowed tenants, with majority consent, to undertake redevelopment themselves.
The need for redevelopment remains urgent. According to RTI information obtained by activist Jeetendra Ghadge, Mumbai witnessed 345 full or partial building collapses between 2021 and August 2025, leading to eight deaths and 28 injuries. MHADA records also show that 815 people lost their lives in building collapses between 1970 and 2018.
Welcoming the proposal, Ghadge, founder of The Young Whistleblowers Foundation, said the government could eliminate the legal ambiguity that has stalled Section 79A by adopting the amendment. He also expressed hope that the Supreme Court would eventually permit implementation of the provision, enabling redevelopment of unsafe buildings.
Legal experts said the amendment would strengthen the government’s position before the Supreme Court by clearly defining the authority empowered to act under Section 79A. However, they noted that the implementation of the redevelopment mechanism will continue to depend on the outcome of the pending proceedings before the apex court.
If enacted and upheld by the courts, the amendment could pave the way for one of Mumbai’s largest redevelopment drives, accelerating the renewal of thousands of ageing cessed buildings and improving safety for lakhs of residents living under the city’s traditional pagdi tenancy system.
Source: The Times of India
