Competency for Section 95A Evictions and NOC Compliance in MHADA Building Redevelopment Projects

sketch of the Bombay High Court
Case
ABDUL AZIZ ABDUL RAHIM PATEL v. STATE OF MAHARASHTRA THRU GOV. PLEADER (Bombay High Court, 07-10-2026)
Law
Maharashtra Housing and Area Development Act, Constitution of India.

Highlights of the Judgment:

  • Detailed examination of statutory competency to issue summary eviction notices under Section 95A of the MHADA Act.
  • Judicial interpretation of the administrative hierarchy existing between MHADA Authorities, Regional Boards, Chief Officers, and Executive Engineers.
  • Distinction between conditions precedent and conditions subsequent regarding No Objection Certificates in building redevelopment schemes.
  • Enforcement of the principle that individual tenant consent granted under Regulation 33(7) of DCPR 2034 remains irrevocable.
  • Analysis of statutory delegation provisions under Section 181 versus internal administrative execution mechanisms within statutory boards.