Dear All,
I spent the whole of yesterday studying this Bill section by section, and comparing it with MOFA, its older counterpart which will be repealed. MHA 2011 has a citizen-friendly structure, like RTI Act 2005. I hope it gets passed in the current session of the Assembly. Reasons:
1) TRANSPARENCY: In order to establish the wrongdoing of builders, thousands of RTI Activists and information seekers are currently struggling to use RTI and get documents hidden in the files of MCGM, MMRDA, UDD etc. MHA 2011 will help them immensely, because it mandates that all these documents must be promptly put on the website of Housing Regulatory Authority; otherwise, builder will not be allowed to advertize his project or sell a single flat!
2) ENFORCEMENT MECHANISM: MHA 2011 is far superior to MOFA 1963 which will be repealed; it puts in place a Regulatory Authority and an Appellate Tribunal with power to impose penalties of lakhs and crores of rupees, and pass order that are enforceable like civil court orders. Earlier, if the builder breached the agreement terms and violated MOFA provisions, the common man had to go to a Magistrate's court for compensation, refund of his money, enforcement of his agreement, or punishment to builder, Even if the common man went to court, the builder with his money power engaged better lawyers, got adjournments, went in appeal etc. Under MOFA, it was an endless fight for citizens to get even token justice!
In my view, we must not oppose it. We should seek to have it passed in its current form at the earliest, and then try to ensure that the rules framed by the Housing Regulatory Authority are also sensible and citizen-friendly.
Warm Regards,
Krish
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