Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles
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Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles The Supreme Court of India has rendered a comprehensive judgment on a significant constitutional case concerning the validity of the Maharashtra Housing and Area Development Act (MHADA Act) under the constitutional protections provided by Articles 31-C and 39(b). This case addresses the legitimacy of the MHADA Act's Chapter VIII-A, which enables the acquisition and transfer of certain dilapidated properties in Mumbai to cooperative societies for repair and reconstruction. Background and Genesis of the Case The issue originates from Mumbai's housing challenges, where pre-1940 buildings face severe dilapidation risks, exacerbated by the city's climate and monsoon seasons. This led to the enactment of the MHADA Act in 1976, establishing a cess to fund repairs. However, these measures proved insufficient due to the magnitude of the problem, prompting an amendment in 1986 t...