The Maharashtra Housing and Development Authority (MHADA) has received criticism from the Bombay High Court. The court questioned MHADA's practice of declaring buildings on Tardeo's Shuklaji Street as dangerous based on only visual inspections.
The bench of Justices Gautam Patel and Kamal Khata stated that structurally sound buildings cannot be declared unsafe. They termed MHADA's approach "perverted" and emphasised that owners have the right to redevelop their properties as they wish.
The court ordered MHADA to inform all parties about the condition of the buildings on Shuklaji Street. It also directed MHADA to provide an opportunity for the owners to make their case.
Building owners filed petitions against MHADA's claims that their properties were dangerous. They argued that MHADA officials quickly named their properties as "dangerous" after inspecting them on August 18, without giving the owners a chance to be heard.
Section 79A requires the reconstruction of buildings deemed dangerous by MHADA or its repair board. After receiving such notices, property owners have three months to initiate the redevelopment process. If the owner fails to do so, tenants have another six months to propose reconstruction.
The petitioners claimed that most of the buildings are not classified as closed buildings and that Section 79A only applies to such buildings. However, the MHADA Repairing Board countered that the buildings in question are closed and need renovation due to their dilapidated condition.
In a previous hearing, the court raised doubts about the veracity of MHADA's claims. It pointed out that MHADA's declaration was based only on a visual assessment, which was contested by the building owners.
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