MUMBAI: The Bombay high court has given the go ahead to Maharashtra Housing and Development Authority (Mhada) to complete eviction proceedings against dissenting flat owners of a group of buildings in the Middle Income Group housing societies in Bandra East that are going for redevelopment.
“We find no reason to keep the proceedings initiated under section 95A of the Mhada Act pending. We, therefore, direct Mhada authorities to complete the proceedings, including passing of final order,” said a division bench of Chief Justice Manjula Chellur and Justice Mahesh Sonak. The court was hearing a petition filed by the Middle Income Group Cooperative Housing Society, Bandra East Group V. The society that comprises around 14 buildings and 128 families had challenged an order of the Lokayukta staying the eviction proceedings.
Of the 128 families, around 113 are supporting the society’s redevelopment project being undertaken by Kalpataru builders. Two groups—one with nine members and the other with three members—have objected to the redevelopment project on various grounds. One member as well as a local MLA contended Mhada had violated the law while granting sanction for the project. This includes permission to allow flats of 1,080 sqft and more area. “Whether Mhada could permit single tenement beyond 1,080 sqft so far as the society in question is concerned will depend upon the regulations and building bye-laws vis-a-vis the measurements of the area upon which the proposed construction is to be put up by the developer,” said the HC.
During an earlier hearing in August 2016, the HC had stayed the Lokayukta’s order that had halted the eviction proceedings. “Prima facie, we are of the view that Lokayukta does not have jurisdiction to pass the interim order, directing the public or the government authorities to act or prevent them from acting under any of the provisions (of the law),” the court had said.
The MIG societies, comprising around 84 buildings and spread over 15 acres, were built by Mhada in the early 1960s. Around 2010, the seven housing societies went in for redevelopment with different builders winning the bids for carrying out the project.
Credits ET Realty