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Expressing apprehension about the potential risks associated with a deteriorating building in Kannamwar Nagar, Vikhroli (East), the Bombay High Court recently granted permission to MHADA (Maharashtra Housing and Area Development Authority) to take action in order to remove the occupants of nine unauthorized commercial structures on the property.
The justices, Gautam Patel and Neela Gokhale, who presided over the case on June 7, stated, "We have witnessed numerous disastrous building collapses, resulting in loss of life and property, within this court. Therefore, we have serious concerns." The petition was filed by the residents of the three-story Sai Vihar CHSL in Hariyali village, consisting of 32 members.
The nine commercial structures cover an area of 138 square meters on the plot. The residents approached the High Court to instruct MHADA to remove the encroachments and facilitate the redevelopment process. In April, the High Court criticized MHADA, questioning why it lacked the power to eliminate illegal and unauthorized encroachments.
Advocate P G Lad, representing MHADA, argued that the nine shop operators have no legal rights to the property or the land, and MHADA intends to take action against them. He stated that permissions were wrongfully granted to them, in violation of the law, rules, regulations, and policies. Lad mentioned that MHADA has initiated proceedings under Section 95 A (3) (summary eviction) and should be allowed to proceed with the process promptly. The judges stated that MHADA will listen to the shop operators and review any documents they submit.
"While this process is underway, our concern lies in the fact that the structure is now clearly in a dilapidated state, posing a significant risk to the society members. Furthermore, it potentially endangers others in the surrounding area," remarked the judges, noting previous instances of collapses resulting in loss of life.
The society's advocate, Sanjiv Sawant, stated that the members are willing to vacate their premises as per the development agreement, provided they are provided with transit rent. The judges stated that the members must negotiate with the builder on mutually agreed terms and conditions, subject to MHADA's approval.
The court granted MHADA permission to complete the summary eviction process for the commercial structures. However, they emphasized that they would not tolerate any undue delays and insisted that the process be concluded within eight weeks from the present date.
The judges also expressed their concern that the redevelopment project should not be delayed due to occupants of the plot obtaining stay orders from other courts. They directed that any applications against the orders issued by MHADA should only be made within the high court proceedings.
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