Section 43 in The Mumbai Metropolitan Region Development Authority Act, 1974
43. Alternative accommodation to occupiers of residential premises where any acquired building is to be demolished
- Where any building is acquired under this Chapter and is vested in the Authority and is proposed to be demolished, it shall be the duty of the Authority, before evicting the occupiers, to provide such alternative accommodation, at such place and of such nature and size, as the Authority may deem fit, and on such terms and conditions as the Authority may determine, only to those persons who are occupiers of residential premises in the building, either as an owner or tenants, and who are actually residing in the building at the time of their eviction. If any occupier fails to accept and occupy the alternative accommodation allotted to him, within 45 days from the date of allotment, the responsibility of the Authority to provide him with such accommodation shall cease. The decision of the Authority as regards any matter contained in this section shall be final and shall not be questioned in any Court.Explanation. - [1] [Existing Explanation was renumbered as Explanation I and Explanation II was added by Maharashtra 31 of 1987, Section 4.] In this section, "building" means a house or tenement or tenements let or intended to be let or occupied separately, but does not include any building which is unauthorised or which is at temporary building as defined in clause (sb) of section 3 of [the Mumbai Municipal Corporation Act] [These words were substituted for the words 'the Bombay Municipal Corporation Act' by Maharashtra 25 of 1996, Section 2, Schedule.].[Explanation II- Where any building acquired under this Chapter is vested in a recognised agency, all references to the Authority in this section shall be construed as references to the agency concerned.] [Existing Explanation was renumbered as Explanation I and Explanation II was added by Maharashtra 31 of 1987, Section 4.]
