At meeting by tenant's action committee, assemply Speaker says interest of majority won’t be ignored
Assembly speaker Rahul Narwekar addressing those present
Pagdi tenants across the city, especially from old buildings of South Mumbai, expressed displeasure over the government’s reluctance to file a reply in the Supreme Court within the stipulated time in a Maharashtra Rent Control Act matter. The tenants held a meeting on the matter called by the Pagdi Tenant's Action Committee on Tuesday. Rahul Narwekar, an assembly speaker and a likely Lok Sabha election candidate of the National Democratic Alliance (NDA) from South Mumbai attended the meeting and assured those present that he was with them and that the state government would file a reply by the time of the next hearing to prevent its rent control act from being overruled.
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The Property Owners Association Vs State of Maharashtra and MHADA case will now probably be heard by mid-April 2024, by a nine-judge constitutional bench of the Supreme Court. The meeting with tenants residing in pagdi properties was held at Hindi Vidya Bhavan Global Academy at Marine Lines on Tuesday, regarding the future of the rent control legislation in Maharashtra. The hall with a capacity of 300 had people flowing out of it.
Assembly speaker Rahul Narwekar addressing those present
Vidula Varavdekar, a conveyor of the committee, said that ignoring the fact that pagdi was paid at the then market price by the original tenants in cash to avoid taxes, which was almost 107 per cent, the landlords have claimed their constitutional right to property and are challenging the authority of the Maharashtra state government in controlling rents under the Maharashtra Rent Control Act. “It also questions the law that allowed the acquisition of notified cessed buildings by paying landlords a lump sum worth 100 months' rent.”
She added that the state government is yet to file its submissions in this case, though the last date for doing so was December 4, 2023. “Since the Supreme Court passed the order on October 20, 2023, declaring the setting up of a nine-judge bench, we have met the government several times to ensure they defend their own legislations of MHADA and Maharashtra Rent Control Act. By omitting to fight this case, the government will lose and rent control in Maharashtra will cease to exist… landlords can then charge market rents or evict the pagdi tenants.”
‘Govt will file reply soon’
Narwekar said that after the members of the committee met him, he contacted the vice president of MHADA and secretary of the state housing department. “We have a diverse society and there are different priorities of landlords and tenants. But in a democracy, interest of the majority cannot be ignored because a few feel deprived.”
During the question-answer session, people raised their voices against the reluctance of the state government to take up the case. Narwekar said that the government will file a reply in court and due to the introduction of the 79(A) section in the law, now tenants can get redevelopment rights in dilapidated buildings if the landlord does not act within six months of the notice period.
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