1.
(i) As per section 353(1), every Building which is 30 years old, it is required to be examined by a structural
engineer registered with the Corporation for the purpose of certifying that the
building is fit for human habitation. This certificate is to be submitted
within one year after expiry of thirty years and every 10 years thereafter or
at any time when the corporation require to do so after inspection of the
premises. The building was constructed in the year 1956.
Accordingly,
Notice has been issued under section 353(B)(3) of the Act requiring us to get
our building examined by the Registered Structural Engineer by carrying out the
structural tests and submit the Structural Stability Certificate along with Structural
Audit Report.
(ii) If the structural
engineer certifies that the said building is fit for habitation and directs
repairs of the building then the landlord/tenants/occupants shall have to carry
on the repairs to the satisfaction of the Commissioner.
(iii) If the repairs are not carried out, the Commissioner may
carry out the repairs and recover the dues from the landlord/tenants/occupants
by demanding the same and if not paid, may recover it as the arrears of land
revenue.
(iv) Failure to repair may also attract penal provision under
section 471 of the Act, according to which a fine of Rs.25,000 or the amount
equivalent to property tax for one year, whichever is higher, may be levied.
2. (i) If in the event the structural engineer certifies that
the building is a C-1 category building and is unfit for human habitation, then
the provision of Section 354 comes into force. Under Section 354, the
Commissioner is empowered to issue notice to the landlord/tenants/occupants to
vacate and pull down the dilapidated building. If there is failure to adhere to
the notice, then the Commissioner may, after giving a week’s notice, evict them
and demolish the dilapidated building.
However on eviction/demolition:
i) the
rights of the tenants and/or occupiers and/or owners in the said building are not be affected;
ii)
Owner will be required to provide alternate accommodation in the newly
constructed building;
or Owner
will have to enter into a settlement agreement with the occupants of the
building;
iii)
Unless permanent alternate accommodation is provided or a settlement agreement
is reached, corporation will not issue IOD and Commencement Certificate for
redevelopment of the property.
3. Bombay High Court
in its judgment/order dated 23.06.2014 in the
matter of Municipal Corporation Of Greater ... vs M.M.R.D.A (https://indiankanoon.org/doc/138919108/) has mandated the above in its guidelines issued to the Corporation for eviction under Section
354.
5. The key features of the guidelines of the
High Court order
are as follows:
a)
The order will be applicable only in respect of
those buildings which are highly dilapidated and dangerous and/or classified in
Category C-1 by the Corporation, whether owned by a private party or by the
Corporation or any other authority and in respect of which building, either a
notice under section 354 has been
issued.
b) The Corporation will, before classifying a building
under category C-1, conduct their own independent inspection and assessment
with the help of the Engineers of their Department and carry out a survey of
such building(s). The report of Structural Audit shall be taken into account.
c) The Corporation shall consider the report of
Structural Engineer appointed by the owners and/or occupants classifying the
building as dilapidated and dangerous. If the owners and/or the occupants bring
conflicting reports on the status of the building, the Corporation shall refer
the matter to Technical Advisory Committee (TAC) under the Chairmanship of
Director (ES&P) with at least 3 other members, viz. City Engineer, Chief
Engineer (DP) and Chief Engineer (P&D).
d) The TAC shall:
i) Carry out a visual inspection of the state of the
internal and external plaster,
plumbing, drainage, whether the doors and windows close properly, whether steel
in columns is exposed, whether there is settlement in the foundation,
deflections/ sagging, major cracks in columns/beams, seepages/leakages,
staircase area and column condition, lift well walls, U.G.tank, O.H. tank
column condition, parapet at terraces, chhajas, common areas, terrace water
proofing.
ii) Carry out specific tests like ultrasonic pulse
velocity test, rebound hammer test, half cell potential test, carbonation depth
test, core test, chemical analysis, cement aggregate ratio as may be considered
by TAC as necessary.
e) If it is found after due notice that the building(s)
is in a highly dangerous or in dilapidated condition, then in that event, the
Corporation shall also make a list of the names of the tenants and/or occupiers
in the said building and the carpet area of the premises in their respective
occupation and possession including the floor at which the same has been
occupied.
f) A copy of such list will be furnished to the landlord
and/or owner/builder of the said building. The Corporation thereafter, will
issue a notice under section 354 of the said Act calling upon such tenants
and/or occupiers to vacate the said premises and if such notice under section
354 of the said Act has already been issued, then in that event the Corporation
will give 7 days' notice to such tenants/occupiers, copies whereof will be
furnished to the landlord for vacating the said building(s). If such tenant
and/or occupier is not available, the Corporation shall affix such notice or
Letter of Evacuation on any part of such premises.
g) The Corporation shall then take steps to turn off the
water, supply, electric power and gas to such building immediately before the
removal of occupiers.
h) …………………………………………..
i) In the event, a person occupying such tenement whether
of the privately owned building(s) or building(s) owned by Corporation or any
other authority refuses to vacate the said premises, then the police shall
remove such person from the said premises by using nominal force if required
for the same.
j) The police may use such force as is reasonably
necessary to remove such person and/or occupiers and/or allottee along with
their belongings from the said premises, without causing damage to their
movables.
k) The Corporation may then demolish such dangerous and
dilapidated building.
l) The rights of the tenants and/or occupiers and/or
owners in respect of the said premises/property will not be affected by virtue
of evacuation or demolition carried out by the Corporation of such dilapidated
and dangerous building in exercise of the power under section 354 of the said
Act. Such tenant and/or occupier and/or owner will be entitled to
re-occupy the premises in respect of the same area after the reconstruction of
the building, subject to the prevalent provisions of law pertaining to
redevelopment of the property or subject to any arrangement or agreement
arrived at by and between such tenants and/or occupiers with the owner of the
building.
m)If there are any pending suits/proceedings and there
are any restraint orders passed, the Corporation shall be free to apply for
vacating and/or modifying such orders,
which applications shall be decided on its own merits and in accordance with
law.
n) ……………………………………..
o) ……………………………………………….
p) In case privately owned buildings are demolished by
the Corporation in exercise of power under Section 354 read with the present
order, then the Corporation shall, while granting sanction of redevelopment, impose a condition
in IOD (Intimation of Disapproval) that no Commencement Certificate will be
issued under section 45 of the MRTP Act, 1966 unless and until an Agreement
either providing a Permanent Alternate Accommodation in a newly constructed
building or a settlement is arrived at by and between the tenants and/or
occupiers and the landlord in respect of the said demolished premises, is filed
with the Corporation at the earliest.
q) ……………………………………………………………….