State approves eviction of owners who refuse building redevelopment

According to Section 6A, buildings that are over 30 years old and are in a dilapidated state can give a proposal of redevelopment to the Association of Apartments registered under the act and clear the resolution by simple majority, but the Act did not provide any clear course of action if there is ambiguity on eviction by those who refuse redevelopment

Mumbai: The state cabinet on Tuesday allowed amendments to the Maharashtra Apartment Ownership Act,1970, to allow forcible eviction of members opposing the redevelopment of a building against the wishes of the majority of residents.

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Now, by amendment, forcible eviction of members who refuse to vacate their flats for redevelopment will soon be implemented in housing societies registered under the Maharashtra Apartment Ownership Act.

An officer of the state housing department said that the amendment for redevelopment of buildings registered under the Maharashtra Apartment Ownership Act was done in July 2018 by inserting a new chapter called Section 6A.

According to Section 6A, buildings that are over 30 years old and are in a dilapidated state can give a proposal of redevelopment to the Association of Apartments registered under the act and clear the resolution by simple majority, but the Act did not provide for any clear course of if there is ambiguity on eviction by those who refuse redevelopment.

Hence, the Cabinet approved the insertion of new chapter 6B in the act, which makes it mandatory for the apartment owners to vacate the building if the Association of Apartments clears a mandate for redevelopment as mentioned in section 6A. In case the apartment owner doesn’t vacate the premises on his own, then the society can move the authority like BMC or Thane municipal corporation and then the authority can evict the flat owner with the help of police.

At present, the Maharashtra Housing and Area Development Authority (MHADA) has a provision where those who oppose redevelopment can be evicted under Section 95 A of the MHADA Act. In the case of MHADA, the developer has to arrange for alternate houses, and police and MHADA officers come, and evict the tenant.