The Bombay High Court has upheld that the state housing board has powers to issue notices to persons who fail to vacate any premises considered for redevelopment.

The court has accepted that by virtue of amendment to 33 (5) of the Development Control Regulations, Maharashtra Housing and Area Development Authority (MHADA) can invoke summary powers for evicting non-cooperative members.

The observation came in response to a petition filed by some members of a redevelopment scheme who had challenged showcause notices issued by MHADA.

The case relates to a redevelopment scheme under DC Regulation 33 (5) undertaken in the Sundernagar MHADA layout at Santacruz East upon an NOC granted by the Board on April 26, 2006.

However, some persons in the redevelopment scheme, for nine buildings, though having signed the redevelopment agreement with the developer refused to vacate the tenements occupied by them.

Subsequently, suits were moved by the developer against the members for vacating the premises but no orders were passed.

In the meantime, on December 6, 2008 the amendment to the DC regulation 33 (5) came into force whereby the board could initiate summary action for eviction of non-cooperative members of the society in the event of their refusal to vacate their tenements.

Accordingly an application was made by the developers A A Private limited for eviction of three of the non-cooperative members after which the executive engineer issued a showcause notice under section 95 (A) of the MHADA Act against the three members calling upon them to shift to the transit accommodation.

... contd.