17 September,2026 08:01 AM IST | Mumbai | Vinod Kumar Menon
Homeowners must ensure that their leave-and-licence agreements are properly registered and comply with Section 55 of the Maharashtra Rent Control Act. Representation Pic/iStock
Gone are the days when flat owners had to navigate a centralised, time-consuming process to recover possession from tenants who refused to vacate after their leave-and-licence agreements expired. The Maharashtra government has now empowered 15 zonal deputy commissioners of police (DCPs) to act as competent authorities under the Maharashtra Rent Control Act, bringing the process closer to landlords/flat owners across Mumbai.
[popcorn number="Aug 1" desc="Day new system came into force" class="Default"]
But more than a month after the new system came into force, on August 1, it is yet to see a significant flow of cases. While police have received the necessary notification and directives and DCPs have begun setting up the mechanism, public awareness remains low. Several DCPs this paper spoke to are yet to receive a single application, though officials expect the numbers to rise as awareness grows.
CA Ramesh Prabhu, founder of the Maharashtra Societies Welfare Association
A DCP, requesting anonymity, said, "We have not received any applications yet. We have issued circulars and are putting the system in place. This is a quasi-judicial responsibility and the proceedings will be conducted accordingly. Initially, the number of cases may be low, but as awareness grows, applications are likely to increase, and we will strengthen the system accordingly."
CA Ramesh Prabhu, founder of the Maharashtra Societies Welfare Association (MahaSEWA), said, "Earlier, Mumbai had only one competent authority, of the rank of a deputy collector, based at the MHADA office. If a leave-and-licence agreement expired and the licensee refused to vacate or pay rent, the owner had to approach the authority, which would hear both sides and pass an eviction order. The licensee could also be directed to pay double the rent for the extended period of occupation. However, after obtaining the order, the owner had to approach the local police for its execution, which could take additional time. Decentralising the system into 15 zones is therefore a welcome move, as owners can now approach the DCP in their jurisdiction, making the process more accessible and potentially faster."
Asked whether the provision covered only residential leave-and-licence agreements or also commercial properties such as shops and galas, Prabhu replied that it did not extend to commercial properties.
Prabhu said, "This is particularly important at a time when redevelopment is generating greater demand for rental accommodation. A faster and more accessible system can build confidence among property owners and encourage more people to offer homes on leave and licence. However, owners must ensure that their agreements are properly registered and comply with Section 55 of the Maharashtra Rent Control Act."
"The agreement can be registered either online or offline, with stamp duty of 0.25 per cent of the agreed rent and a registration fee of R1000 payable. Proper registration is important to ensure that owners can avail themselves of the summary proceedings available under the law. An order passed by the DCP can be challenged by way of a writ petition before the Bombay High Court," Prabhu said.
When contacted, staff at the office of the competent authority, Rent Control Act, Konkan Division, located on the fifth floor of the MHADA building at Bandra East, said the quasi-judicial court had remained vacant for the past two weeks, and no hearings were being conducted. The staff also said the case papers had not yet been handed over to the zonal DCPs concerned and that they would act in accordance with any directions received. They were unable to provide the current pendency of cases.
On July 31, 2026, the Housing Department of Maharashtra issued a notification under Section 40(1) and 40(2)(a) of the Maharashtra Rent Control Act, 1999, designating 15 Deputy Commissioners of Police (DCPs) across Mumbai as competent authorities.
The law requires that a competent authority must hold or have held an office not lower in rank than deputy collector. The government has formally recorded its view that the post of DCP meets this threshold. On that basis, powers under Section 40 were exercised to appoint DCPs as competent authorities.
The order is not a substantive amendment to tenant or landlord rights. It is an appointment and jurisdiction notification under the existing Rent Control Act. By designating DCPs as competent authorities, the state ensures statutory powers are aligned with Mumbai's zonal policing structure.
Earlier notifications and orders for the specified areas are superseded. The new framework provides clarity on territorial jurisdiction and embeds rent control administration within established DCP level boundaries.
