Private housing societies in Maharashtra now have the authority to forcibly evict members obstructing redevelopment. The state cabinet has approved an amendment to the Maharashtra Apartment Ownership Act, introducing Section 6B. This new provision mandates apartment owners to vacate their premises when the association of apartment owners passes a resolution for redevelopment under Section 6A. In cases of non-compliance, the planning authority can involve the police to enforce eviction. This move addresses ambiguities and resistance in redevelopment projects and mirrors provisions in the MHADA Act. Over 40% of buildings in Pune and substantial percentages in other cities fall under this act.
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.
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