New Delhi. The High Court on Tuesday said the Maharashtra government has enacted a law to acquire old and dilapidated unsafe buildings because tenants are not moving out and landlords do not have money for repairs. The Court commented while considering whether privately owned resources could be considered “physical resources of the community”. Chief Justice D.Y. Chandrachud made this comment while hearing several petitions filed by landowners against the Maharashtra law.
He is heading a nine-judge Constitution bench that is considering the complex question arising from the petitions on whether private properties are considered “physical resources of the community” under Article 39(B) of the Constitution. May go. Mumbai is a densely populated city, where there are old and dilapidated buildings which are unsafe due to lack of maintenance but despite this there are tenants living there. To repair these buildings, the Maharashtra Housing and Area Development Authority (MHADA) Act, 1976 imposes a cess on the occupants, which is paid to the Mumbai Building Repair and Reconstruction Board (MBRRB), which repairs these buildings. .
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The main petition was filed in 1992 and was referred to a nine-judge bench on February 20, 2002. Before that it was sent thrice to larger benches of five and seven judges. The Chief Justice noted the difference between ownership and that of an individual in the community. He gave the example of private mines and said, “They could be private mines. But in a broader sense, these are the physical resources of the community,” he said. “Look at cases like these buildings in Mumbai. Technically, you are right that these are privately owned buildings, but what was the reason for the law (MHADA Act)… We are not commenting on the validity of the law and it will be tested independently.” Hearing not completed. Held and further hearing will take place on Wednesday.
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Tags: DY Chandrachud, Maharashtra News, Supreme Court
FIRST PUBLISHED: April 23, 2024, 23:05 IST