Pramod Vishwanath Saraf vs The State Of Maharashtra Through ...

Headnote AI-drafted · Reviewed and approved

The petitioners, claiming to be tenants of a dilapidated and dangerous building known as 'Kalyan Bhawan' (Building No. 352-358) situated at Kalbadevi, Mumbai, filed a writ petition challenging aspects of the redevelopment process of the said cessed building. Both the landlord (Respondent No. 5) and the tenants had submitted competing redevelopment proposals to MHADA/Mumbai Building Repair and Reconstruction Board. MHADA had already commenced demolition of the building in view of its dangerous condition, while the tenants' proposal for redevelopment remained pending consideration.

The core legal issue involved the interpretation and application of Section 79-A of the Maharashtra Housing and Area Development Act, 1976, as inserted by Amendment Act No. 48 of 2022 with effect from 02 December 2022. The said provision prescribes a sequential procedure whereunder the owner or landlord of a cessed building declared dangerous is first required to submit a redevelopment proposal within six months of notice; only upon failure of the owner or landlord to do so does the right of the proposed co-operative housing society of occupants or tenants to submit a redevelopment proposal arise.

The Court examined the competing claims of the landlord and the tenants in the context of the statutory framework under Section 79-A of the MHADA Act, noting that the law recognises the landlord's right as the primary right to undertake redevelopment, with the tenants' entitlement arising only in specified circumstances under the said provision.

Catchwords: cessed building · dangerous building · redevelopment · MHADA · Section 79-A · Maharashtra Housing and Area Development Act · landlord · tenants · competing proposals · co-operative housing society · demolition · Kalbadevi Mumbai