MHADA is the Maharashtra Housing and Area Development Authority, which builds and manages housing and cessed buildings. The Slum Rehabilitation Authority (SRA) runs rehabilitation schemes for slum dwellers under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. MMRDA is the Mumbai Metropolitan Region Development Authority, which plans and carries out development in the region. A matter against any of them turns first on the record: who is eligible, what the notice says and which regulation applies.
These authorities work under separate laws and regulations. The Development Control and Promotion Regulations, 2034 (DCPR 2034) apply to redevelopment in Mumbai and contain the rules for cessed buildings, cluster development and slum rehabilitation.
In most disputes the first question is eligibility. An eligibility list or the entry of a name on a list decides who receives a tenement, so the list and the documents behind it are checked before anything else.
What each authority does
The three authorities have different roles:
- MHADA allots and manages housing, repairs and reconstructs cessed buildings and handles transfer of tenements under its regulations
- The SRA sanctions and supervises slum rehabilitation schemes under the Slum Act and Regulation 33(10) of DCPR 2034, and issues the Letter of Intent and later approvals
- MMRDA plans development in the Mumbai Metropolitan Region, holds land for projects and deals with acquisition, land use and development controls under the MMRDA Act, 1974
MHADA housing matters
Matters taken up include allotment, transfer, regularisation, notices and the rights of occupants of MHADA buildings. Transfer and exchange of tenements are governed by the MHADA Estate Management, Sale, Transfer and Exchange of Tenements Regulations, 1981. The papers usually needed are the allotment letter, the agreement, the receipts and the permission for transfer.
SRA schemes and rehabilitation
A slum rehabilitation scheme moves through the following stages:
- Survey and Annexure II: the Competent Authority surveys the structures and publishes a list of eligible occupiers
- Consent: the occupiers' consent required by the Act and the regulation is obtained
- Letter of Intent: the scheme is sanctioned, and the commencement certificate follows
- Transit: occupiers move to transit accommodation or receive rent
- Rehabilitation: the building is completed, an occupation certificate is obtained and tenements are handed over
Eligibility and documents
Eligibility under a scheme depends on the cut-off dates in the Act and the regulation, and on proof that the occupier lived in the structure on those dates. These dates have been changed over time. The documents commonly relied on are electoral roll entries, ration card, photo pass, tax receipts and utility bills. A name that is missing from Annexure II can be challenged before the authority and the Grievance Redressal Committee, and then in the High Court.
MMRDA matters
Matters include planning and land use, acquisition and reservation, compensation, and the rights of owners affected by a project. Sections 126 and 127 of the Maharashtra Regional and Town Planning Act, 1966 deal with acquisition for a reserved purpose and the lapse of a reservation when the authority does not act within the time the Act gives.
Redevelopment projects and approvals
Society and private redevelopment under DCPR 2034, including Regulations 33(5), 33(7), 33(9) and 33(10), needs approvals at several stages. These include no-objection certificates, the Intimation of Disapproval, the commencement certificate and the occupation certificate. A society that redevelops also follows section 79A of the Maharashtra Co-operative Societies Act, 1960.
Common issues and disputes
Disputes that reach the courts include:
- Exclusion of an occupier from the eligibility list
- Dispute over the area or the floor of the rehabilitation tenement
- Delay by a developer in a rehabilitation scheme and non-payment of rent
- Notices for repair, eviction or dangerous buildings
- Refusal of transfer permission or regularisation
- Challenge to an order of the authority before the Appellate Tribunal or the High Court
How a matter is run
- The structureThe property, the authority and the stage reached are identified.
- The recordThe allotment or eligibility list, electoral roll entries, agreements, notices and sanctioned plans are collected and read.
- The positionThe Act and regulation that apply and the forum for the dispute are identified.
- Filing and appearanceRepresentations, appeals and petitions are drafted and the matter is argued before the authority, the Tribunal or the High Court.
Laws and forums
Laws that usually apply
- Maharashtra Housing and Area Development Act, 1976
- MHADA Estate Management, Sale, Transfer and Exchange of Tenements Regulations, 1981
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Development Control and Promotion Regulations, 2034, including Regulations 33(5), 33(7), 33(9), 33(10) and Appendix IV
- Mumbai Metropolitan Region Development Authority Act, 1974
- Maharashtra Regional and Town Planning Act, 1966, including sections 126 and 127
- Maharashtra Co-operative Societies Act, 1960, section 79A
Courts and forums
- MHADA and its Board offices
- Slum Rehabilitation Authority, Bandra (East)
- Grievance Redressal Committee and the Appellate Tribunal under the Slum Act
- MMRDA
- Bombay High Court, in writ petitions and appeals
Related guides
Frequently asked questions
What is the difference between MHADA and the SRA?
MHADA builds and manages housing and deals with cessed and MHADA buildings. The SRA deals with the rehabilitation of slum dwellers under the Slum Act and Regulation 33(10) of DCPR 2034. Their laws, schemes and eligibility rules are different.
Who is eligible for an SRA scheme?
Eligibility depends on the cut-off date in the Act and the regulation and on proof of residence in the structure on that date. The Competent Authority publishes the list of eligible occupiers as Annexure II after a survey.
What is Annexure II?
Annexure II is the list of eligible occupiers of a slum, prepared by the Competent Authority after the survey. Rehabilitation tenements are allotted to the persons on the list.
What area is a rehabilitation tenement?
Appendix IV of DCPR 2034 fixes the carpet area of the rehabilitation tenement, which at present is 300 square feet. The figure should be checked against the regulation in force when the scheme is sanctioned.
What documents are needed for a MHADA transfer?
The documents usually asked for are the allotment letter, the agreement or lease, the payment receipts, proof of identity of the transferor and the transferee, and the application for permission under the 1981 Regulations. The authority can ask for more.
Can a decision of the SRA or MMRDA be challenged?
Yes. An order of the SRA can be taken to the Grievance Redressal Committee or the Appellate Tribunal under the Slum Act. A decision of the SRA, MHADA or MMRDA can also be challenged in a writ petition in the Bombay High Court on grounds such as breach of the Act, of natural justice or of the regulation.
How long does a slum rehabilitation project take?
The time depends on the size of the scheme, the consent of occupiers, the approvals and the developer's progress. The sanctioned scheme and the agreement fix the time for completion, and delay is a ground for action by the occupiers and the authority.
Related practice areas
General information only. This page is for information. It is not legal advice, an advertisement or a solicitation, and it makes no claim about results. The law changes, and the position in a case depends on its facts. A professional relationship begins only when the advocate agrees to act in a matter.