G.R. dated 13th September, 2019- – Rehabilitation of the authorised and unauthorised occupiers of the MHADA Transit camps upon their Re-development
Regarding rehabilitation of the authorised, ineligible and unauthorised tenants/residents of the MHADA Transit Camps by way of allotment of tenements in the Re-developed Transit Camps
Government of Maharashtra
Department of Housing
Government Resolution No:- Sankirna-1014/Pra.Kra.102(Part-1)/Du.Va.Pu-2
Madam Cama Road, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 400 032.
Date:- 13th September, 2019
As per the provisions contained in Sections 76 to 103 incorporated in Chapter 8 of the MHAD Act, 1976, repairs are carried out to the old and cessed buildings in Mumbai Island; whereas under certain circumstances their acquisition too is carried out. Section 90(1) contained in Chapter 8 of the MHAD Act, 1976 provides for the relocation of tenants/residents in the transit camps owned by the Mumbai Building Repairs & Reconstruction Board upon declaration of old cessed buildings as dangerous and/or when they are beyond the stage of repairs. Moreover, Section 77(b) contained in Chapter 8 of the MHAD Act, 1976 contains a provision for the relocation of tenants/residents in the transit camps of the Board upon demolition of a cessed building which is beyond repairs. Furthermore, since 1977 the residents of the dangerous and dilapidated buildings as well as the buildings which are either beyond repairs or which have already collapsed are provided with temporary, transit accommodation by the Board from time to time. The Mumbai Board has in all 56 transit camps all over the Mumbai city, comprising 21,135 tenements. In the year 2010, the Mumbai Board carried out inspection of the residents occupying tenements in all these transit camps. From time to time, action in the nature of eviction has been initiated by the Mumbai Board against the ineligible/unauthorised residents disclosed during this inspection in conformity with the provisions of Section 15(a)- Chapter 8 of the MHAD Act, 1976, During a subsequent inspection it was revealed that about 8,448 tenements in the transit camps were occupied by ineligible/unauthorised residents by the end of July, 2013. More than 21,000 residents are residing in 56 transit camps all over Mumbai and some of these residents have been occupying transit camps for a period of more than 40 years. Some of the old and dilapidated buildings, where the original residents were residing prior to their relocation have not been reconstructed either. Furthermore, the residents of the transit camps which are situated far from the place of their original habitation have been in the occupation of these transit camps for a period of more than 30-40 years. In the course of time, they have got assimilated in the life of their present location, making them accustomed to such place. Hence, the Government contemplated the matter of rehabilitating such residents in situ in the event of re-development of these transit camps. Accordingly, the Government hereby proceeds to pass the following Resolution.
After a comprehensive thinking the following three classes have been created for the rehabilitation of the unauthorised residents of the transit camps belonging to the Mumbai Building Repairs and Reconstruction Board:-
(a) the original residents who have been relocated in the transit camps,
(b) the kind of residents who have acquired rights to the tenements in the transit camps from the original residents, either under a Power of Attorney or such similar Authority Letter,
(c) the kind of trespasser residents who have entered upon unauthorised possession of the tenements in the MHADA transit camps.
2. The authorised, ineligible and unauthorised (trespassers) residents described in ‘a’, ‘b’ and ‘c’ above should be rehabilitated in the Redeveloped transit camps as set out herein below:-
(a) Original Residents who have been relocated in Transit Camps:-
Since such a tenement holder holds possession under a Government Order, such tenement holder is permitted a tenement in the re-constructed building at the original place. In view of this fact, such tenement holder shall be rehabilitated free of cost, in-situ in the re-developed transit camp building corresponding to the transit camp building where he is presently residing, subject to the acceptance of allotment of tenement, renunciation of ownership rights in the proposed reconstructed building. However, such possession holder shall not get any concession in the rent/maintenance charges presently paid by him to the Mumbai Repairs Board. Moreover, he shall be required to pay the monthly charges etc. payable in future in respect of the new flat where he is to be rehabilitated. Furthermore, the concerned parties shall be duty bound to pay all sorts of dues to the MHADA Authority during the intervening period till the re-allotment is concluded.
(b) the kind of residents who have acquired rights to the tenements in the transit camps from the original residents either under a Power of Attorney or such similar Authority Letter:-
Even though the tenement holders in this class have entered into an irregular/illegal transaction under a Power of Attorney or such similar Authority Letter by paying some monetary consideration to the original tenement holders and as such this transaction is illegal, in view of the fact that some monetary amount is parted with in such transaction and taking a sympathetic view of the matter, the cost of construction of the flats equal to the area of tenements in the transit camp where the tenement holders are presently residing, plus the cost of infrastructure provided for the rehabilitation tenements should be recovered from them. Thus, after recovering the cost of construction and the cost incurred on infrastructure, such reallotted tenements should be transferred in their names. In this regard, the tenement holder shall be required to pay the stamp duty and any other kind of government charges, which are applicable.
(c) the kind of trespasser residents who have entered upon unauthorised possession of the tenements in the MHADA Transit Camps:-
Even though the tenement holders in this class are 100% trespassers, still the cost of construction of the flat equal to the area of the tenement in the Transit Camp where the tenement holders are presently residing, the cost of infrastructure provided for such rehabilitation tenement, as well as 25% penal amount on both these costs clubbed together should be recovered from such of the tenement holders who fulfill the criteria governing the original terms/conditions of the Pradhan Mantri Awas Yojna (for instance not having a self-owned house in India, income limit of Rs.3/6 Lakh). Thus, after recovering the cost of construction, cost of infrastructure and the penal amount the re-allotted tenements should be transferred in their names. In this regard, the tenement holder shall be required to pay the stamp duty and any other kind of government charges, which are applicable.
3. As far as possible, the tenement holders in both the above classes (b) and (c) shall be rehabilitated in-situ, in the redeveloped building at the place of transit camp which is being redeveloped and if it is not possible, the tenement holders in these classes shall be rehabilitated at any other available place within the area of Greater Mumbai. The possession holders in these three classes shall not get any concession in the rent and maintenance charges presently being paid by them to the Mumbai Repairs Board/concerned Competent Authority. Before taking possession of the re-allotted tenement, the holder shall be required to pay all the monthly charges, etc. payable for the concerned tenement which he is presently occupying. The concerned tenement holder shall not be eligible for the re-allotted tenement until he completes the above requirements.
4. The MHADA, at its level, should draw up the criteria as to eligibility/ineligibility of the residents in the aforestated three classes.
5. Since, these tenement holders stand regularised as above and have been given the benefit of Government Scheme once, henceforth, they shall not be extended the benefit of any kind of Government Scheme pertaining to housing. In this regard, the tenement allotted to the original tenement holder shall be linked with his Aadhar Number.
6. In this context, the action for carrying out necessary amendment to the MHADA Act, 1976 shall separately follow.
This Government Resolution is made available on the website of the Government of Maharashtra— www.maharashtra.gov.in and its Code Number is 201909111824033909. This Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra.
Ramchandra Dhanawade— Digital Signature
Deputy Secretary, Government of Maharashtra
1. The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
2. The Additional Chief Secretary to the Hon’ble Chief Minister, Chief Minister’s Secretariat, Mumbai,
3. The Private Secretary to the Hon’ble Minister (Housing), Mantralaya, Mumbai,
4. The Private Secretary to the Hon’ble Minister of State (Housing), Mantralaya, Mumbai,
5. The Private Secretary to the Hon’ble Leader of Opposition (legislative Council/Legislative Assembly), Maharashtra Legislative Secretariat, Mumbai,
6. The Registrar General, High Court of Judicature, Mumbai (By Letter),
7. The Accountant General1/2, (Audit), Maharashtra State, Mumbai/Nagpur,
8. The Accountant General 1/2 (Accounts & Permit), Maharashtra State, Mumbai/Nagpur,
9. The Vice-President and Chief Executive Officer, Maharashtra Housing & Area Development Authority (MHADA), Griha Nirman Bhawan, Bandra (East), Mumbai,
10. The Chief Officer, the Mumbai Building Repairs & Reconstruction Board, Griha Nirman Bhawan, Bandra (East), Mumbai,
11. The Joint Secretary, the Officer of the Hon’ble Chief Secretary, Mantralaya, Mumbai,
12. The Deputy Secretary, Department of Finance, Mantralaya, Mumbai,
13. The Deputy Secretary, Department of Law and Justice, Mantralaya, Mumbai,
14. The Pay & Accounts Officer, Mumbai,
15. The Resident Accounts Officer, Mumbai,
16. All Works Desks in the Department of Housing, Mantralaya, Mumbai,
17. Select File (Du.Va.Pu-2)
[Translated by Adv. Prakash Manohar Chalke-