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Section 95-A: Summary eviction of occupiers in certain cases.

The Maharashtra Housing and Area Development Act, 1976.State Act of Maharashtra · Act 28 of 1977

[95-A. Summary eviction of occupiers in certain cases. (1) Where the owner of a building or the members of the proposed co-operative housing society of the occupiers of the said building, submits a proposal to the Board for reconstruction of the building, after obtaining the written consent of [not less than 51 per cent.] of the total occupiers of that building and a No Objection Certificate for such reconstruction of the building is issued by the Board, to the owner or to the proposed co-operative housing society of the occupiers, as the case may be, then it shall be binding on all the occupiers to vacate the premises :

Provided that, it shall be incumbent upon the holder of such No Objection Certificate to make available to all the occupants of such building alternate temporary accommodation [or to pay rent in lieu thereof].

(2) On refusal by any of the occupant to vacate the premises as provided in sub-section (1), on being approached by the holder of such No Objection Certificate for eviction of such occupiers, it would be competent for the Board, notwithstanding anything contained in Chapters VI and VII of this Act, to effect summary eviction [or be shifted in Board Transit Camp wherever available] of such occupiers.

(3) Any person occupying any premises, land, building or structure of the Board unauthorisedly or without specific written permission of the Board in this behalf shall, notwithstanding anything contained in Chapters VI and VII of this Act, be liable for summary eviction.

(4) Any person who refuses to vacate such premises or obstructs such eviction shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both.]

Where this provision sits

ActThe Maharashtra Housing and Area Development Act, 1976.
Section95-A
Marginal noteSummary eviction of occupiers in certain cases.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Mah. 16 of 1998. Section 95-A was inserted by Mah. 16 of 1998, s. 7.
  • substituted, Mah. 48 of 2022. The words and figures were substituted for the words and figures "not less than 70 per cent." by Mah. 48 of 2022, s. 5(1)(a).
  • inserted, Mah. 48 of 2022. This words were inserted by Mah. 48 of 2022, s. 5(1)(b).
  • inserted, Mah. 48 of 2022. This words were inserted by Mah. 48 of 2022, s. 5(2).

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