Re-mumbai

Supreme Court Defers Hearing On MHADA’s Section 79A Powers, Over 900 Mumbai Pagadi Buildings Await Relief

Residents of Mumbai’s old pagadi buildings face further uncertainty after the Supreme Court postponed the hearing on whether the Maharashtra Housing and Area Development Authority (MHADA) has the authority to issue Section 79A notices to dilapidated cessed structures. The hearing has now been scheduled for September 10 after lawyers representing the Brihanmumbai Municipal Corporation (BMC) sought an adjournment a day before the matter was listed.

The delay has left occupants of more than 900 buildings awaiting a final decision, with many residents fearing that the prolonged legal battle will continue while they remain stuck in unsafe and ageing properties.

Dilapidated structures in South Mumbai

Over 900 buildings await decision

Samruddhi Patil, a pagadi resident, said the issue affects thousands of people living in old and vulnerable cessed buildings across Mumbai. MHADA has stated that the city has over 13,000 old and dilapidated cessed buildings requiring redevelopment.

“Of them, over 900 buildings, to whom MHADA had already given 79(A) notices, are stuck for months due to this case. Slabs, ceilings of many of these 900 buildings have already collapsed in this period,” she said.

Residents said the delay has increased concerns as several buildings require urgent repairs or redevelopment to ensure safety.

Residents seek clarity from government

Banoshri Shah, who suffered a leg injury in December last year after a ceiling portion collapsed while she was cooking at home, questioned the need for the postponement. She said the Maharashtra government had recently recognised MHADA as the competent authority to issue Section 79A notices after reviewing the authority’s report submitted to the Bombay High Court.

“Recently, in the ongoing Assembly sessions, the Maharashtra government, based on the report submitted by the authority to the Bombay High Court and after analysing all the points, had declared MHADA as the competent authority to issue 79A notices to the dilapidated buildings. That had brought great relief to all of us living in these dangerous buildings. What was the emergency that the lawyers had to write an application to postpone the hearing?”

Activist raises concerns over delay

Pagadi activist Jitendra Ghadge said thousands of residents were eagerly waiting for the Supreme Court’s decision after amendments were made to Section 79A of the MHADA Act.

“Thousands of citizens living in Pagadi buildings were anxiously awaiting the Supreme Court’s decision after the government amended Section 79A of the MHADA Act. Many of them were watching the proceedings live and were shocked when the BMC lawyer submitted an adjournment application just a day before the hearing — especially since the BMC has had no significant role in the matter from the beginning. Just a week ago, a building collapsed in Malabar Hill. For thousands of residents living in dilapidated buildings, every single day counts. I have filed a complaint with the BMC Commissioner seeking an enquiry into this suspicious adjournment. I hope that on the next date of hearing, the BMC will correct its mistake.”

The next hearing on September 10 is expected to determine the future course of action for hundreds of redevelopment projects involving Mumbai’s cessed buildings.

Source: Mid-day

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