Latest news with #Mhada
Time of India
14 hours ago
- Business
- Time of India
Mhada & NMC streamline issues related to land transfer for affordable housing
Nashik: The Nashik Municipal Corporation and the Maharashtra Housing and Area Development Authority (Mhada) have claimed of resolving issues related to the transfer of developmental rights (TDR) to developers, aiming to facilitate the construction of affordable housing for lower-income groups and economically weaker sections (EWS). The meeting to this effect was held between NMC and Mhada officials on Tuesday evening. Confirming, Shivkumar Awalkanthe, the chief officer of Nashik board of Mhada, said, "The civic administration will give TDR for the plots handed over to us, and we will do the same for NMC." Mhada officials said builders developing plots exceeding 4,000 sqm needed to allocate 20% of the area for affordable housing, which will be taken over by Mhada, and the authority would provide funds to the developers in exchange. "We have no funds for buying land. Even if we bought land, Mhada would not be able to provide affordable housing. Therefore, it was always requested that NMC give the TDR. The civic administration and Mhada jointly held the meeting in which it was decided that the builder and Mhada would sign an agreement for handing over the plot. We would get in touch with NMC, which would issue TDR and then take over the plot," Awalkanthe said. The officials said another issue resolved during the meeting was detailed information related to the 88 developmental plots measuring over 4,000 sq meters that attracted 20% reservation for affordable housing since 2013. "They will be given to Mhada for the construction of affordable housing for the needy. Some of this information was already made available, and the remaining would be presented soon," an official said.
Hindustan Times
2 days ago
- Business
- Hindustan Times
‘Colossal misuse of authority': HC orders inquiry into 935 Mhada redevelopment notices
MUMBAI: Calling it a 'colossal misuse' of authority, the Bombay high court on Monday appointed a two-member committee to investigate a 'racket' involving engineers from the Maharashtra Housing and Area Development Authority (Mhada) illegally issuing 935 redevelopment notices to old buildings in prime locations in the city. MHADA Office at Bandra Internet photo A division bench of justice GS Kulkarni and justice Arif Doctor ruled that Mhada's executive engineers had issued these notices without jurisdiction as they had vested interests in the properties, which are located in upmarket areas in south Mumbai, such as Banganga Road, Walkeshwar, Gamdevi Road, BG Kher Marg, and Nepean Sea Road. The inquiry will be conducted by a two-member committee headed by justice (retired) JP Deodhar, a former judge of the Bombay high court, and retired principal district judge Vilas D Dongre. The committee has been asked to submit its inquiry report within six months. The court issued the orders after hearing a bunch of petitions challenging the redevelopment notices issued by Mhada to hundreds of cessed buildings that it had deemed dangerous and dilapidated. The petitions claimed that executive engineers from the Mumbai Building Repairs and Reconstruction Board (MBRRB), a statutory unit of Mhada, had issued the notices without jurisdiction and based on only a 'visual inspection,' without conducting a structural audit of the buildings. The entire controversy revolves around section 79-A of the Mhada Act, which allows Mhada to initiate the redevelopment of dangerously dilapidated cessed buildings if neither the owner nor the tenants take the necessary steps within a specified timeframe. Earlier this month, the court had observed that an executive engineer in Mhada had no jurisdiction to issue the redevelopment notices, adding that their action appeared to be high-handed. Calling the matter serious, the court held that the notices were issued to give an undue advantage to certain people, while curtailing the rights of the owners and tenants of the cessed buildings. 'This would amount to a brazen misuse of the powers and authority vested with the concerned officers of Mhada at whichever level, we do not know', the bench said. Citing a 2024 judgement, the bench stated that section 79-A of the Mhada Act can be invoked only if a building is first declared dangerous by the Brihanmumbai Municipal Corporation (BMC) or a competent authority. It had held that executive engineers have no independent power to issue such notices. Advocates NV Walawalkar, GS Godbole and Surel Shah, appearing for the petitioners, submitted that Mhada had not vested any jurisdiction whatsoever in the officers who issued such notices. Even assuming the appropriate authority was involved, under Section 79-A, the notices could not have been issued based on just a 'visual inspection' of the buildings concerned, the petitioners argued. On the other hand, senior counsel PG Lad, representing Mhada, referred to provisions of the Mhada Act which showed that it was 'the primary responsibility of the board to repair the cessed buildings.' Considering the large number of prime properties being adversely affected, the bench stated that the matter has 'gathered the colour of a racket/scam' by misusing the provisions of law. It noted that the redevelopment of the properties had been ordered at the behest of 'unscrupulous persons with vested interests' who intend to take advantage of the fact that the buildings are old. The consequences of issuing such notices without the jurisdictional requirements are 'horrendous to say the least,' the bench said. Noting that the redevelopment of cessed properties involves floor space index incentives, which is 'a bonanza for commercial exploitation,' the court stated that the vested interests in these properties can be worth a fortune. 'The statutory machinery being misused for such ulterior motives and for windfall of benefits is a matter of serious concern. It is beyond one's imagination as to how, in such large numbers, the impugned notices under Section 79-A could at all be issued,' the court said. Expressing concerns over the board's actions, the court held that if accepted, it would amount to rewriting legislative provisions and recognising a regime of colossal arbitrariness and abuse of powers. 'The pattern is quite unique. It appears to be quite clear that these notices are issued wholly without jurisdiction. We may also observe that the petitioners' case being of an extreme, unfortunate and blatant abuse of the powers by these officers,' the court added.
Time of India
2 days ago
- Business
- Time of India
HC orders probe into 900+ Mhada notices for redvpt by dubbing bldgs dangerous
Mumbai: Bombay high court censured Mhada on Monday for the illegal and high-handed actions of its executive engineers in issuing over 900 notices for redevelopment of premises by dubbing them dangerous, trampling on the constitutional rights of owners of cessed buildings and, in many cases, also of their tenants. The HC dubbed such notices and the redevelopment powers invoked by the executive engineers and the Mhada repair board, without any jurisdiction, a "regime of colossal arbitrariness and abuse of powers by such officials in committing bald, brazen and patent acts of illegalities". Observing that a mere stay of the notices — those that Mhada did not withdraw later — was not enough, the court ordered an enquiry by a two-member panel of former HC judge Justice J P Devadhar and retired principal district judge Vilas Dongre to examine all 935 notices issued under Section 79A of the Mhada Act. This section enables the authority to acquire dangerous cessed buildings and carry out redevelopment when both the owners and tenants' associations fail to do so after the building is declared dilapidated and dangerous. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The order of the high court bench of Justices Girish Kulkarni and Arif Doctor came on a batch of petitions against the notices issued by the Mumbai Building Repairs and Reconstruction Board, a statutory unit of Mhada. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Compare Spreads: Bitcoin vs Ethereum CFDs IC Markets Learn More Undo Section 79A has had a vexed presence. It was introduced in Dec 2022 to enable the redevelopment of a building on the premise that the structure is dangerous. "However, whether a building is dangerous or not cannot be the ipse dixit of the concerned is required to be decided as stipulated by law," the HC said. The two-member committee named by the Bombay high court will also examine subsequent actions to withdraw such notices, and the role of the officials and motives, if any, in the issuance of the notices. Justice Kulkarni, who authored and read out the order in court, said the "committee shall examine the purpose, basis, intention, and the authority of the vice-chairman to issue the SOP dated Dec 5 2024". The SOP creates a parallel machinery and cannot be interpreted by officials to assume power to issue notices, the HC said. The section was introduced since Mhada said there were over 13,000 old and dilapidated cessed buildings in Mumbai constructed prior to 1940. Mhada was tasked with their repairs. The law was also amended to enable owners with 51% consent of tenants to redevelop, but Mhada said despite the repair board declaring buildings "dangerously dilapidated", owners do not come forward to redevelop. The HC said executive engineers invoke Section 79A by a "visual examination" of a building to declare it dilapidated and proceed to issue notices for redevelopment. "By issuance of these notices, ultimately what is sought to be achieved, and certainly at the behest of vested interests, is a fait accompli by exploiting the incentives on the redevelopment by such vested interests by misuse of the official machinery of Mhada and the repair board for the benefit of either the landlord or tenants." The HC stressed, "The issuance of such notices by such officials in the manner as resorted is only to enable and aid the sinister motives, to be achieved at the instance of one party against the other, in the redevelopment of a building without verifying whether it needs to go for redevelopment." The court posted the matter on Aug 12 and called for a report from the committee in six months. The court rejected a plea by Mhada lawyer P G Lad for a stay of the order.
Time of India
3 days ago
- Business
- Time of India
Now, SC dismisses residents' plea, paves way for G'gaon land redvpt
Mumbai: The Supreme Court on Monday dismissed a Special Leave Petition (SLP) filed by residents against a recent Bombay High Court order, paving the way for redevelopment of 141 acres of Goregaon land by Mhada-appointed developer. The Housing Authority recently appointed Adani Realty through bids, for what is touted as the largest residential rehab project. The SC bench of Justices Vikram Nath and Sandeep Mehta heard counsel Siddharth Bhatnagar for the residents, Solicitor General Tushar Mehta and Chirag Shroff for Mhada, and former Attorney General Mukul Rohatgi for Adani before dismissing the SLP, which sought permission to appeal against the HC order. The dismissal put to rest the issue of 51% consent of tenants before the appointment of a developer by Mhada, lawyers said. The society formed by residents had three main contentions. Firstly, as a society, they ought to be allowed to self-develop the premises under the govt policy. Secondly, the society of residents can, under rule 33 (5) (2) of the Development Control and Promotion Regulations (DCPR), appoint a developer of their choice. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Discover Top Creams for Deep Wrinkles and Sagging Skin in South Africa Creams | Search Ads Search Now Undo Thirdly, any development undertaken by such a society, with Mhada NOC, by appointing a developer, requires 51% consent of the members, which Mhada did not take. Mhada, through senior counsel Darius Khambata, had before the HC argued that no new points were raised in the review plea and that the HC had recognised rights of Mhada as owner of the land to redevelop the premises through private builders by inviting bids. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Under the amended law, Mhada as owner can on its own undertake redevelopment of the property, the courts were informed. Last Friday, the HC bench of Chief Justice Alok Aradhe and Justice Bharati Dangre dismissed a review plea filed by Motilal Nagar Vikas Samiti, a residents' group that sought self-development rights and challenged the court nod to Mhada appointing a consultant and Development Agency for the project through bids. The project envisages houses of 1,600 sq ft each, a host of amenities, and will rehouse almost 4,000 families on Mhada land. By its March judgment, the HC allowed Mhada's 2021 application to ensure redevelopment gets done via private developers' bids and disposed of PIL filed in 2013, seeking action against illegal construction.
Time of India
5 days ago
- Business
- Time of India
Public granted access to 15 cr documents on Mhada site
Mumbai: Mhada has provided 15 crore official documents for public viewing through its official website. "Sensitive or classified records, such as those related to lottery processes, have been excluded from public access," the housing board said in a press release on Saturday staing that "Citizens may access the records through the Citizen Corner section of the website. Registration is required, including name, mobile number, gender, date of birth, user ID and password, and agreement to the platform's terms and conditions. Identity verification through Aadhaar or PAN with OTP confirmation is mandatory." Downloading or capturing screenshots of the documents is not permitted and users must state a reason when viewing documents. Mhada vice president and CEO Sanjeev Jaiswal implemented the step under the provisions of the RTI Act. "Mhada had promised to place scanned official records from all regional boards in public domain. Citizens can view these records without filing separate applications under RTI," Jaiswal said. This initiative is in accordance with directions from the Maharashtra govt to make institutional services more accessible and citizen-focused. Jaiswal said safeguards have been installed to ensure there is no human intervention in the access process and confidentiality is strictly maintained. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai
