MUMBAI: A significant legal obstacle in the redevelopment of countless aging and hazardous buildings in Mumbai has been overcome following the Maharashtra Legislature’s amendment to the MHADA Act, aimed at reinstating the implementation of Section 79A. The Bill has passed through both the Vidhan Sabha and Vidhan Parishad and is now awaiting the Governor’s approval to become law.
This amendment aims to eliminate the legal uncertainties that prompted the Bombay High Court to suspend the implementation of Section 79A nearly a year ago. It grants authority to officers designated by the Maharashtra Housing and Area Development Authority (MHADA) to utilize the powers under this section, replacing the previous reference to a “competent authority” that was central to the legal dispute. The Bill was recently introduced in the Assembly by legislator Ajay Choudhari.
The High Court had put a hold on approximately 935 notices issued by MHADA under Section 79A, citing legal inconsistencies in the processes. The State hopes this amendment will bolster its position in the Supreme Court, where the legitimacy of Sections 79A and 79B is still being assessed.
This matter is crucial for Mumbai, where over 13,000 cessed buildings, many constructed before 1940, are home to millions of families. Redevelopment of these properties has stalled for years due to disputes between landlords and tenants, ongoing litigations, and some landlords’ unwillingness to upgrade unsafe buildings.
Sections 79A and 79B were established in 2020 in response to a string of fatal building collapses, including incidents involving the Husaini Building in 2017 which resulted in 33 deaths, the Dongri collapse in 2019 with 14 fatalities, and a Fort building collapse in 2020 claiming 10 lives. These provisions empower MHADA to intervene when landlords neglect to redevelop unsafe structures, and enable tenants, provided at least 51% agree, to initiate redevelopment themselves.
The urgency for rapid redevelopment is highlighted by official data. An RTI inquiry by activist Jeetendra Ghadge revealed that Mumbai experienced 345 instances of complete or partial building collapses from 2021 to August 2025, leading to 8 deaths and 28 injuries. MHADA records show that between 1970 and 2018, 815 individuals lost their lives due to building collapses, underscoring the prolonged human impact of delayed redevelopment.
Ghadge, founder of The Young Whistleblowers Foundation, expressed support for the legislative approval, noting that the execution of this “life-saving” provision should never have been hindered due to technical questions regarding the competent authority when many lives are at risk. He also pointed out that litigation regarding the 100-month rent scheme has been pending in the Supreme Court for nearly 25 years, expressing hope that the apex court would prioritize the constitutional right to life for the numerous tenants residing in unsafe buildings while reviewing the challenges to Sections 79A and 79B.
Once the Governor provides assent, this amendment is anticipated to solidify the State’s legal stance before the Supreme Court. However, the implementation of the redevelopment scheme can only proceed after the Supreme Court’s final ruling. For countless residents living in dilapidated cessed buildings, this legislation represents a critical advance towards initiating one of Mumbai’s most important urban renewal efforts.
