CHAPTER-5

LEGAL BRANCH
Legal section of the Authority (MHADA) extends legal
Assistance and appropriate legal advice as far as legal matters are concerned
to MHADA officials and Regional Boards. Such matters are normally
pertaining to the Regional Boards and its Housing and Repair and
Reconstruction. Estate Management etc. Sections and Land Acquisition
and other administrative issues.
Various types of matters are being dealt with by the legal branch the
particulars in brief are as under:
FUNCTIONS OF THE LEGAL DEPARTMENT
The Legal Department of MHADA is having a Legal Adviser as its
head with one Dy.Legal Adviser (in charge), five Assistant Legal Advisers
and two Legal Assistants to assist and deal with the following matters:- viz:-
1. Litigation
2. Conveyancing
3. Opinions
4. Subordinate Legislation
At present the officers on the post of ALA-I/A and Dy.LA/A are
working with the SRA (on Deputation) and Nagpur Board (by transfer)
respectively. The conveyance work of all Regional Boards except Mumbai
and Konkan are handed over to Dy.LA/Nagpur.
The Legal department is dealing with all legal aspects of the
MHADA and its nine Regional Boards. Since MHADA/ Boards deal with
immovable properties, there is heavy litigation particularly at Mumbai in the
City Civil Court and in the Mumbai High Court. One Asstt.Legal Adviser is
daily deputed to attend the Mumbai City Civil Court matters, one ALA is
deputed to attend to the High Court litigation. The role of ALA in the courts
is to act as a Liaison Officers between the Advocates for the City Civil
Court and in the High Court¥ There are 10-15 important matters.
Necessary applications for the expediting these matters are being made
before the Hon'ble Courts. It is to be noted that the Redevelopment of
Secter-5 at Dharavi was entrusted to MHADA, wherein one PIL bearing
No.53/2011 filed by Shri.Anand Malhari Honekari and the same is decided
in favour of MHADA by the Hon'ble High Court.
Generally 50 court matters are being received by the Department
every month. Opinions are given in nearly about 45 to 50 matters every
month. Besides in all important matters review is being taken under the
guidance of Lagal Adviser on 1st and 3rd Saturday of every month and
accordingly the stand of MHADA/ Board is decided finally.
For the Regional Boards situated outside Mumbai City a panel of
Advocates has been appointed for each of the Regional Boards to deal with
the litigation matters of those Boards.
Besides the main Civil Court litigation, there are few Labour matters,
Co.operative matters, Industrial matters, Criminal matters and the cases
under Human Rights Commission, Lok Ayukta and cases under Consumer
Protection Act. There are three Quasi Judicial Officers appointed by the
Govt.under the MHAD Act, namely Competent Authority and the Appellate
Officers and Tribunal. One ALA each appears in person daily on behalf of
the Reporting Officers of the Board before these authorities.
For the Supreme Court matter, Advocate on record has been
appointed by MHADA and for each case at the time of hearing a Counsel is
engaged to defend MHADA matters.

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