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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in

English of the Maharashtra Housing and Area Development (Amendment) Act, 2020 (Mah. Act No.

XLVIII of 2022) is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

——————————

RNI No. MAHENG /2009/35528

MAHARASHTRA ACT No. XLVIII OF 2022.

(First published, after having received the assent of the President in the “

Maharashtra Government Gazette ”, on th 2nd December 2022.)

An Act further to amend the Maharashtra Housing and Area

Development Act, 1976.

WHEREAS it is expedient further to amend the Maharashtra Housing

and Area Development Act, 1976, for the purposes hereinafter appearing; it

is hereby enacted in the Seventy-first Year of the Republic of India as

follows :—

1. This Act may be called the Maharashtra Housing and Area

Development (Amendment) Act, 2020.

2.

In section 77 of the Maharashtra Housing and Area Development

Act, 1976 (hereinafter referred to as “the principal Act”), after clause (a), the

following clause shall be inserted, namely :—

“(a-1) undertake the redevelopment projects provided in section

91-A;”.

Mah.

XXVIII

of 1977.

Short title.

Amendment

of section 77

of Mah.

XXVIII of

1977.

Mah.

XXVIII

of 1977.

(1)

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3. After section 79 of the principal Act, the following section shall be

inserted, namely :–

“79-A. (1) Notwithstanding anything contained in sub-section (3)

of section 88 and section 92 of this Act and sections 354 and 499 of the

Mumbai Municipal Corporation Act, in case of the building to which the

provisions of sub-section (1) of section 82 applies (hereinafter in this

Act referred to as “cessed building”), which is declared dangerous

by the Mumbai Municipal Corporation under section 354 of the Mumbai

Municipal Corporation Act or by the competent authority, if the

redevelopment of such building is not taken up by the owner or landlord

of the cessed building, within three months from the date of issue of

notice under section 354 of the Mumbai Municipal Corporation Act by

the Mumbai Municipal Corporation or the competent authority, the

Board may adopt the following procedure :–

(a) a notice shall be issued to the owner or landlord of the cessed

building to submit the proposal for redevelopment within six

months from the date of issue of notice. Alongwith the proposal,

consent of fifty-one per cent. of the occupants or tenants of the

said building shall be accompanied ;

(b) if the owner or landlord fails to submit the proposal within the

period and the manner as provided in clause (a), the proposed

co-operative housing society of the occupants or tenants of such

building may submit the proposal to the Board, for

redevelopment of such building under the relevant provisions

of the Development Control and Promotion Regulations-2034

for Greater Mumbai, within six months from the date of

communication received from the Board. The proposal shall be

accompanied with the consent of at least fifty-one per cent. of

the occupants or tenants :

Provided that, when the building is redeveloped by the

proposed co-operative housing society, the compensation to the

owner or landlord shall be paid by the concerned co-operative

housing society as per the provisions of sub-section (2) ;

(c) if the redevelopment is not initiated within the period and

manner as provided in clauses (a) and (b), the Board shall

reconstruct the building by acquiring such building, without

insisting on consent of at least fifty-one per cent. of the

occupants or tenants of the said building.

(2) When the building is redeveloped under the provisions of clauses

(b) and (c) of sub-section (1), the compensation shall be paid to the owner

or landlord, at the rate of twenty-five per cent. of the amount of Ready

Reckoner Rates, determined under the Maharashtra Stamp

(Determination of True Market Value of Property) Rules, 1995 of the

open land of such building or fifteen per cent. of the built-up area of sale

component determined as per the Ready Reckoner Rates, whichever is

higher.

Explanation.– For the purposes of this sub-section, “sale component”

means the built-up area remaining after deducting Rehab Built-up Area

from the permissible Built-up Area admissible as per the relevant

Insertion of a

new section

79-A in Mah.

XXVIII of

1977.

Procedure of

redevelopment

in case of

dangerous

buildings

declared by

Mumbai

Municipal

Corporation or

competent

authority.

III of

1888.

III of

1888.

III of

1888.

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provisions of the Development Control and Promotion Regulations-2034

for Greater Mumbai.

(3) If the building is redeveloped by the Board under clause (c) of

sub-section (1), subject to the provisions of sub-section (2) for payment

of compensation, the provisions of sections 92 and 93 shall mutatis

mutandis apply, for acquisition of such building.”.

4.

After section 91 of the principal Act, the following section shall be

inserted, namely :–

“91-A. Notwithstanding anything contained in any of the provisions

of Chapter VIII or any other law for the time being in force or in any

agreement, contracts, judgment, decree or order of any Court or Tribunal

to the contrary, in cases where, after obtaining No Objection Certificate

for redevelopment of old cessed building as per the Development Control

and Promotion Regulations-2034 for Greater Mumbai or any other earlier

Development Control Regulations therefor, the building is demolished

and,–

(a) the redevelopment work is left incomplete, delayed or has

not been commenced within three years from the date of

issue of No Objection Certificate; or

(b) the redevelopment work of old cessed building is stalled

for more than two years from the date of issue of the

Commencement Certificate by the Mumbai Municipal

Corporation or Planning Authority; or

(c) the holder of the No Objection Certificate has committed

breach of any of the terms and conditions of the No

Objection Certificate or has not paid rent for temporary

alternate accommodation to the tenants or occupants of

such building,–

the Board may, after obtaining the prior approval of the State

Government, initiate the action for acquisition of such building

under the provisions of the Act and shall complete the

redevelopment work.”.

Insertion of a

new section

91-A in Mah.

XXVIII of

1977.

Procedure in

case of

incomplete or

stalled

projects.

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ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

5.

In section 95-A of the principal Act,–

(1) in sub-section (1),–

(a) for the words and figures “not less than 70 per cent.” the

words and figures “not less than 51 per cent.” shall be

substituted;

(b) in the proviso, after the words “temporary accommodation”

the words “or to pay rent in lieu thereof” shall be added;

(2) in sub-section (3), after the words “summary eviction” the words

“or be shifted in Board Transit Camp wherever available” shall be added.

Amendment

of section

95-A of

Mah. XXVIII

of 1977.