Section 35A in The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981
35A. [ [Regulation 35A was substituted by G. N. of 14.10.1993.]
(1)Notwithstanding anything contained in these regulations of Part VIII, the Chief Officer, Bombay Building Repairs and Reconstruction Board, Bombay, may regularise the transfer of a tenement in a reconstructed Building where the duties and functions of the Bombay Repairs and Reconstruction Boards enumerated in section 92 of the Maharashtra Housing and Area Development Act, 1976 have been fulfilled and where such transfer of rights in a reconstructed building is created by dishoused person himself without permission of the Bombay Building Repairs and Reconstruction Board after he was duly provided with old building. The Chief Officer, Bombay Building Repairs and Reconstruction Boards may regularise such transfer on such terms and conditions including the condition of charging penalty and any other dues therefrom as may be decided by the Authority from time to time. The mode of determining the penalty for such regularisation shall be decided by the Authority, from time to time.(3)The regularisation of such transfer as provided in Regulation 25A(1) above shall not be applicable to the encroachment committed by the rank outsiders i.e. without written consent of the original allottee of MHADA in respect of the tenements in a reconstructed building, including allotment of reconstructed tenements obtained by producing false documents and reconstructed tenements given as staff quarters.(4)The persons in whose name a tenement is proposed to be regularised should be otherwise eligible to get a tenement from MHADA in the City of Bombay.(5)The regularisation of Transfer of Tenement in such eligible cases would be subject to all such conditions to be mentioned in the letter of intent to be issued by MHADA [BBR and RB] to the concerned applicant/s.(6)[] [Clause (6) was deleted and clause (7) was re-numbered as clause (6) by G. N. of 14.10.1993.] Other procedural requirements to implement the regulations on this issue shall be framed by MHADA from time to time and made known to public through a notification.]
