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Legislation

Maharashtra Housing and Area Development Act, 1976

11 Supreme Court judgments cite this Act.

AISHWARYA ATUL PUSALKARversusMAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY & ORS.

2020 INSC 36927 April 2020Disposed off

Aishwarya Atul Pusalkar, the wife of respondent No.8, sought a writ directing the Maharashtra Housing and Area Development Authority (MHADA) to re‑house her in two flats (Nos. 601 & 602) of the redeveloped building, which she claimed as her matrimonial home. The High Court dismissed the writ, holding that the matter wa

MANSOOR ALI FARIDA IRSHAD ALI & OTHERSversusTHE TAHSILDAR-I, SPECIAL CELL & OTHERS

2025 INSC 27627 February 2025Dismissed

The appellants, who were transit camp tenants, challenged notices issued by the Slum Rehabilitation Authority (SRA) under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, seeking to evict them from a plot they claimed was a MHADA layout and therefore could only be r

STATE OF MAHARASHTRA AND ORS.versusPANDURANG K. PANGARE AND ORS .

1995 INSC 11113 February 1995Disposed off

The State of Maharashtra, through MHADA, filed contempt and perjury applications against P.K. Pangare alleging that he misled the Supreme Court by denying construction on land covered by a prohibitory order. Pangare had sold the land before the order, and construction was subsequently carried out by later owners, notab

SAM HIRING CO.versusA.R. BHUJBAL AND ORS .

1996 INSC 6412 January 1996Dismissed

The appellant, Sam Hiring Co., a tenant occupying a shed in City Survey No. 56, challenged the acquisition of its premises under the Maharashtra Housing and Area Development Act, 1976, arguing that the structure was an independent, non‑cess‑payable building and therefore exempt from demolition. It also contended that t

SAU RAJANIversusSAU SMITA & ANR

2022 INSC 8058 August 2022Appeal(s) allowed

S. Rajani, the appellant, owned a residential tenement and alleged that S. Smita, the first respondent, had constructed illegal rooms on an open vacant site in the same building, infringing Rajani's easements of light, air, privacy and water supply. Rajani filed a regular civil suit seeking removal of the unauthorized

INDIAN MERCANTILE I.B. ASSON. (TENANTS)versusUNION OF INDIA AND ORS.

2008 INSC 5986 May 2008Case Allowed

The appellants, tenants under the Indian Mercantile Association, filed a writ petition under Section 103-A of the Maharashtra Housing and Area Development Act, 1976, seeking relief that the High Court dismissed on the ground that an alternative statutory remedy—an appeal—was available. The appellants contended that rel

JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.

2008 INSC 10144 September 2008Appeal(s) allowed

The petitioners filed a writ petition challenging the amendment of Regulation 33(7) of the Development Control Regulations, 1991 (Greater Mumbai), alleging that it was being misused to demolish privately owned, sound pre‑1940 buildings and that the regulation imposed unreasonable side‑space restrictions. The Bombay Hig

KAMLESH C. SHAH & ORS.versusSTATE OF MAHARASHTRA AND ORS.

2013 INSC 4213 July 2013Dismissed

The petitioners sought an interim order declaring that the acquisition of a "cessed" building by MHADA under Chapter VIII‑A of the Maharashtra Housing and Area Development Act, 1976 was no longer necessary, as the landlord and tenants had entered into a development agreement while the substantive constitutional challen

THE PROPERTY OWNERS' ASSOCIATION AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 5981 May 1996Matter referred to larger bench

The petition challenged the constitutional validity of Chapter VIII‑A of the Maharashtra Housing and Area Development Act, 1976, which allows acquisition of properties on payment of one hundred times the monthly rent, and argued that Article 31C of the Constitution shields the Act from attack under Articles 14 and 19.

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