Maha relaxes restriction on sale of flats in redeveloped cessed buildings

MUMBAI: The state housing department has relaxed the restriction preventing sale of flats in redeveloped cessed buildings for 10 years. A notification has been issued nearly eight months after the Bombay high court held a circular issued in 2005 as ‘illegal’.

A Matunga resident Atul Doshi had filed a public interest litigation challenging the rule based on which a no-objection certificate (NOC) is granted by the Maharashtra Housing Area Development Authority (Mhada) for redevelopment of cessed buildings. According to the NOC, the original residents of cessed buildings could not sell their new flats in the rehabilitation component for 10 years from the time of occupation.

Lawyers for the petitioners argued that while the 10-year rule was included in the norms for slum rehabilitation projects, no such restriction was found in those that govern redevelopment of cessed buildings under DCR 33/7. They said this was not a case where redevelopment was undertaken after Mhada acquired the cessed building. The court said provisions of rent laws and Maharashtra Cooperative Societies Act apply to the flats. “It is clear that the restrictions on transfer of tenements imposed in the impugned condition are not to be found in any of the statutory provisions,” judges said.

Meanwhile, the housing department has appointed the deputy collector (Colaba) as competent authority to determine the eligibility of residents of Worli BDD chawls for free housing. Similarly, the deputy collector (Dharavi) has been appointed as competent authority for N M Joshi and Naigaum BDD chawls.

Credits ET Realty

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