Lawfarm Team
Asked July 15, 2016

Stay order on eviction order

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Can a person bring a stay on eviction order by MHADA for summary eviction under section 95A of the MHADA ACT? If the order passed by MHADA for summary eviction under section 95A of the MHADA ACT give time limit of 48 hours for eviction. Can one bring a stay on this order if the time limit of 48 hours has passed?

Answer 1

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Ragini Gupta

The MHADA Act does not itself provide for a stay on an order for summary eviction under Section 95-A of the Act. In fact, according to Section 177 of the Act, provides that except where an express provision otherwise exists in the Act, no civil court shall have jurisdiction in respect of any matter in respect of which the Authority or Tribunal is empowered under the Act, and no injunction or stay can be granted by any court or other authority in respect of any action taken in pursuance of power or duty conferred or imposed under this Act. However a remedy is still available under Article 226 of the Constitution of India, under which a writ petition can be filed, challenging the order. Such a remedy was sought in some cases such as Mrs. Radhika George and Others v Maharashtra Housing & Area Development Authority and Others (Appeal (L)  359/2012, judgment available at https://indiankanoon.org/doc/195248045/)and Sushila Digambar Naik v Maharashtra Housing and Area Development Authority and Others (Writ Petition No.  10/ 2010, judgment available at http://dspace.judis.nic.in/bitstream/123456789/153041/1/OSWP1010.pdf). 

 

As for the ’48 hour’ question, there is no limitation period provided under Article 226, however, the Court will only hear the petition if it is filed within a reasonable time period. Thus, a remedy is available, but whether the Court would dismiss or allow the petition would depend on the specific facts of the case.

Agree Comment 0 Agrees about 1 year ago

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