Dedicated locality research platform
Enter your email address and you will receive
a link to reset your password
Private housing societies governed by the Maharashtra Apartment Ownership Act will soon possess the legal authority to forcibly evict members who resist vacating their apartments for redevelopment projects. This significant event unfolded shortly after the Maharashtra state cabinet granted approval to a housing department proposal. The proposal's objective is to amend the existing legislation, allowing for the implementation of forcible evictions. In a pivotal move in July 2018, Section 6A was incorporated into the Maharashtra Apartment Ownership Act of 1970, laying the groundwork for the redevelopment of ageing and dilapidated buildings registered under the act.
However, an unsettling ambiguity prevailed regarding the measures to be taken against members who staunchly opposed the redevelopment process, thereby potentially jeopardizing lives and property. To redress this crucial issue, the state cabinet authorized the inclusion of an entirely new section, Section 6B, into the Maharashtra Apartment Ownership Act. This section will institute a mandatory requirement for apartment owners to vacate their premises if the association of apartment owners, as stipulated in Section 6A, passes a resolution endorsing redevelopment.
In the event an apartment owner declines to vacate voluntarily, a formal application by the apartment owners' association to the planning authority would empower the latter to enlist the assistance of law enforcement agencies in effecting the eviction. This legislative amendment aligns with analogous provisions within the MHADA Act, where members facing impasses have the recourse to approach the Maharashtra Housing and Area Development Authority (MHADA). MHADA, in turn, designates a legal officer as a competent authority responsible for addressing members' grievances and subsequently issuing eviction orders as warranted.
Currently, the MHADA operates under a provision outlined in Section 95A of the MHADA Act, which permits the eviction of those opposing redevelopment. In MHADA's scenario, the developer is responsible for arranging alternative housing, and law enforcement, alongside MHADA officials, facilitates the eviction process. A substantial number of structures registered under the aegis of the Maharashtra Apartment Ownership Act take the form of ground-plus-two or three-story edifices. In these unique structures, residents are not merely flat owners but also hold ownership of the underlying land.
This legislative ambit encompasses a significant percentage of buildings across diverse cities within the state of Maharashtra, including but not limited to Pune, Nagpur, Nashik, and others. Ramesh Prabhu, the President of the Federation of Cooperative Housing Societies, has extended his heartfelt welcome to this legislative amendment, recognizing it as a commendable stride towards resolving disputes stemming from redevelopment projects. The amendment represents a pivotal step in reconciling the interests of apartment owners and the imperatives of infrastructure development and urban renewal in the state.
Propscience is India’s dedicated property news portal. We cover the latest events, news, trends, deals, new launches and more.
All our services and tools are completely free of cost and available 24X7!
We use cookies to give you the best possible service while using our website, please click accept and carry on browsing if you're happy with this. For more information see our Privacy Policy.
Okay, Got it!This disclaimer ("Disclaimer") is applicable to the entire Site. Upon entering the Site it is recommended that you immediately read the Terms and Conditions and Privacy Policy listed therein. Your continued usage of this Site will indicate your unconditional acceptance of the said Terms and Conditions and Privacy Policy. You hereby agree that Propscience reserves the right to modify at any time, the Terms and Conditions and Privacy Policy governing this Site without prior notification. Your usage of the Site implies that you will be bound by any such modification. You agree and acknowledge that it is your responsibility to periodically visit the Site and stay updated with the Terms and Conditions and Privacy Policy of the Website.
The information contained in this Site has been provided by Propscience for information purposes only. This information does not constitute legal, professional or commercial advice. Communication, content and material within the Site may include photographs and conceptual representations of projects under development. All computer-generated images shown on the Site are only indicative of actual designs and are sourced from third party sites.
The information on this Site may contain certain technical inaccuracies and typographical errors. Any errors or omissions brought to the attention of Propscience will be corrected as soon as possible. The content of this Site is being constantly modified to meet the terms, stipulations and recommendations of the Real Estate Regulation Act, 2016 ("RERA") and rules made thereunder and may vary from the content available as of date. All content may be updated from time to time and may at times be out of date. Propscience accepts no responsibility for keeping the information in this website up to date or any liability whatsoever for any failure to do so.
While every care has been taken to ensure that the content is useful, reliable and accurate, all content and information on the Site is provided on an "as is" and "as available" basis. Propscience does not accept any responsibility or liability with regard to the content, accuracy, legality and reliability of the information provided herein, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information. No information given under this Site creates a warranty or expands the scope of any warranty that cannot be disclaimed under applicable law.
This Site provides links to other websites owned by third parties. Any reference or mention to third party websites, projects or services is for purely informational purposes only. This information does not constitute either an endorsement or a recommendation. Propscience accepts no responsibility for the content, reliability and information provided on these third-party websites. Propscience will not be held liable for any personal information of data collected by these third parties or for any virus or destructive properties that may be present on these third-party sites.
Your use of the Site is solely at your own risk. You agree and acknowledge that you are solely responsible for any action you take based upon this content and that Propscience is not liable for the same. All details regarding a project/property provided on this Site are updated on the basis of information available from the respective developers/owners/promoters. All such information will not be construed as an advertisement. To find out more about a project / development, please register/contact us to visit the site you are interested in. All decisions taken by you in this regard will be taken independently and Propscience will not be liable for any such loss in connection with the same. This Site is for guidance only. Your use of this Site - including any suggestions set out in the Site and or any use of the resources available on this Site, do not create any professional - client relationship between you and Propscience. Propscience cannot accept you as a client until certain formalities and requirements are met.
We use cookies to give you the best possible service while using our website, please accept it and continue browsing if you're happy with this. For more information see our Privacy Policy