Maharashtra government approves law to evict redevelopment dissenters, ET RealEstate

October 4, 2023

MUMBAI: Forcible eviction of members who refuse to vacate their flats for redevelopment will soon be possible in private housing societies registered under the Maharashtra Apartment Ownership Act.

The state cabinet on Tuesday approved a proposal of the housing department to amend the act to allow forcible eviction of members obstructing redevelopment.

The provision for redevelopment of apartments registered under the Maharashtra Apartment Ownership Act, 1970, was made in July 2018 by inserting Section 6A. As per the section, buildings that have completed 30 years and are in a ruinous state may submit a proposal for redevelopment after the association of apartments registered under the act passed the resolution in a special meeting by a simple majority, said a bureaucrat.

“However, there was absence of clarity as to the action to be taken against members who oppose the process of redevelopment, thus endangering life and property. Hence, the cabinet approved the insertion of a new section 6B in the Maharashtra Apartment Ownership Act, 1970,” the bureaucrat said said.

The new section will make it compulsory for the apartment owners to vacate apartments if the the association of apartments passes the resolution for redevelopment as mentioned in Section 6A.

“In case the apartment owner doesn’t vacate the premises voluntarily and if the the association of apartments makes a formal application to the planning authority, then the planning authority can evict the apartment owner forcibly taking the help of the police,” the bureaucrat.

The amendment to the act will be similar to that in the Mhada Act, wherein if members approach Mhada in case of an impasse, it appoints a legal officer as a competent authority to hear grievances of members and then gives an order on eviction.

Most buildings that are registered under the Maharashtra Apartment Ownership Act are ground-plus-two or -three floor structures, where the residents are not just flat owners but also own the land.

Over 40% of the buildings in Pune, 60-70% in Nagpur, 30-40% in Nashik and 90% in the rest of the state are registered under the act, said Ramesh Prabhu, president, Federation of Cooperative Housing Societies. Prabhu welcomed the amendment.

  • Published On Oct 4, 2023 at 09:10 AM IST

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