Why MHADA?

• MHADA is Maharashtra Housing and Area Development Act

• Industrialization gave rise to urbanization, and resultantly led to
migration. Many people in the rural areas shifted to urban areas in
search of employment opportunities , better living standard and
better education in the city.
• acute shortage of housing was felt in the then Mumbai
• the Bombay Building Repairs and Reconstruction Board was constituted under the
Bombay Building repairs and Reconstruction Board act, 1969 to tackle with the issues
of old and dilapidated buildings situated in the island city of Mumbai and undertook
the repairs and reconstruction so as to make them structurally sound and safe for
habitation
• The urbanization and migration gave rise increasing slums in the city. People coming to
cities found their shelter in every empty space including pavements in the city giving
rise to slums. To provide basic amenities such as potable water taps , drainage, path
ways street lights and public toilets, the Maharashtra Slum Improvement Board was
constituted in 1971. To begin with, its activities were confined to the Mumbai City and
Mumbai Suburban Districts. These activities were later extended to the other parts of
the State 
• To integrate the activities and functions performed by these statutory
bodies, and to provide for a comprehensive and coordinated
approach to the problem of housing, the Maharashtra Housing & Area
Development Authority was established by the Maharashtra Housing
and Area Development Act, 1976.  
Aim and objective of the Act
• To provide affordable houses
• To repair and reconstruct the old buildings
• To demolish old buildings which are beyond repair
• To establish various regional boards to fulfil the aims and objectives
given under the Act
Establishment of the Authorities and Boards
• To fulfill the objectives of the Act, the State Govt. established a board
and authority which is known as the Maharashtra Housing and Area
Development Authority,
• The Authority has been established since 5th of December 1971.
• Authority shall be a body corporate having perpetual succession and
shall be deemed as local authority for the purpose of this Act.
Non applicability of rent Act
• The Rent Act:
1. Shall not apply to any land or building belonging to the Authority
2. Shall not apply as against the Authority to any tenancy, license
created by an existing board
3. Shall apply to any land or building let or given license to any existing
board of the Authority.
Constitution of the Authority
• The Authority shall consist of a president, vice president, and seven
other members appointed by the state government.
Establishment of the board
• The boards:
1. Pune housing and Area Development Board,
2. Aurangabad housing and Area Development Board,
3. Nashik housing and Area Development Board,
4. Nagpur housing and Area Development Board,
5. Amravati housing and Area Development Board
6. Kokan housing and Area Development Board
7. The Mumbai repairs and reconstruction Board
8. The Mumbai slum improvement board.
• Every board shall consist of a Chairman and not more than 17 other
including a Vice chairman, if any of whom not less than 3 shall be
officials. All the members are appointed by the state government,
• There shall be some members having special knowledge in finance,
structural engineering, architecture etc.
Sec 65 Appointment of the competent
authority
• The State Government may, by notification in the Official Gazette,
appoint an officer, who is holding or has held an office which in its
opinion is not lower in rank than that of Deputy Collector or Civil
Judge, to be the Competent Authority for performing the functions of
such authority under this Chapter
Sec 66Powers to evict certain persons
• If the Competent Authority is satisfied— (a) that the person
authorised to occupy any Authority premises has—
• (i) not paid rent or compensation or amount lawfully due from him in
respect of such premises for a period of more than two months, or
• (ii) sub-let, without the previous permission of the Authority, the
whole or any part of such premises, or
• (iii) committed, or is committing any act which is destructive or
permanently injurious to such premises,
• (iv) made, or is making, material addition to, or alteration in, such
premises without the previous permission of the Authority, or
• (v) otherwise acted in contravention of any of the terms, express or
implied, under which he is authorised to occupy such premises, or
• (vi) failed to vacate the premises required by the Authority for the
purpose of implementing any plan or project for the sale of
tenements and to accept the alternative accommodation offered by
the Authority.
Sec 71 bar of jurisdiction of civil Court
• No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of the eviction of any person from any
Authority premises under this Chapter, or the recovery of the arrears
of rent, compensation, amount or damages for use and occupation of
such premises, or in respect of any order made or to be made or any
action taken or to be taken by the Competent Authority or the
appellate officer in the exercise of any power conferred by or under
this Chapter, or to grant any injunction in respect of such order or
action.
• Nirmala Dhondiram Kadam V.s Shatrughana K Padava 1984
Repairs and reconstruction of dilapidated
Buildings sec 75 to 79
• Sec 74: the Board established under the section 18 of the Act shall be known
as the Board for the purpose of carrying out work under this Act
• Sec 75: Board under the control of Authority
• Sec 76:As it is the aim of this Act to repair and reconstruct the old and
dilapidated buildings, it is the Board established under the Act which performs
its powers and functions regarding the same.
• Sec 76: Duties relating to repairs and reconstruction of dilapidated buildings:
a. To undertake and carryout structural repairs
b. To provide temporary or alternative accommodation
c. To undertake the work of repairs in respect of all premises placed at the
disposal of the Board.
d. To move the state Govt, to acquire old and dilapidated buildings and
reconstruct new buildings
e. To move the Govt. to acquire old and dilapidated buildings and to
reconstruct new building as it is not economically possible to make any
structural repairs
f. Temporary accommodation to those who are affected by house
collapse, fire, torrential rain,
g. To take action for demolition of dangerous buildings,
h. To do other necessary things.
Niranjan Mohanlal Kapadia versus the state
of Maharashtra 1989
• Landlord and tenants were in disagreement on who to effect repairs.
• The Court held that, in a deadlock between a landlord and the tenant the repair
board can not be prevented from carrying out its statutory duty and obligation.
• Sec 77: special powers of board: the board in exercise of its powers and duties
may
a. Authorize any person by general or special order to make survey, inspection,
valuation of the building/property but before exercising such power give notice
to the owner and powers shall be exercised in presence of their representatives.
b. To vacate building
c. Occupiers who are required to vacate their premises, To give accommodation to
them.
• Sec 78: penalty for contravening sec 77: any person who obstructs
the entry of the person authorized under sec 77 shall be punished.
• Sec 79: Power of Board to undertake building repairs: the Authority
may empower the Board to frame and execute schemes for repairs,
reconstruction of buildings and rehabilitation of occupiers.