Amendment status not verified — confirm the current text below against the official source.
Power to order demolition of insanitary buildings.— (1) If it shall appear to the Commissioner that any building intended for, or used as, a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner or of owners thereof, and, so far as it is reasonably practicable to ascertain such persons, upon every mortgagee thereof, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the building and any offer with respect to the carrying out of works, or the future use of the building, which he may wish to submit, will be considered by 5[the Standing Committee], and every person upon whom such a notice is served shall be entitled to be heard either in person or by agent when the matter is so taken on to consideration. (2) A person upon whom notice is served under the foregoing sub-section shall, if he intends to submit an offer with respect to the carrying out of works, within twenty-one days from the date of the service of the notice upon him, serve upon the Commissioner notice in writing of his intention to make such an offer and shall within such reasonable period as the Commissioner may allow, submit to him a list of the works which he offers to carry out. (3) The Commissioner may, with the previous approval of 6[the Standing Committee], accept from any owner or mortgagee, an undertaking in writing either that he will within a specified period carry out such works as will in the opinion of the Commissioner render the building fit for human habitation, or that it shall not be used for human habitation until the Commissioner, on being satisfied that it has been rendered fit for that purpose and with the previous approval of 7[the Standing Committee], cancels the undertaking. (4) If no such undertaking as is mentioned in the last foregoing sub-section is accepted by the Commissioner, or if, in a case where the Commissioner has accepted such an undertaking any work to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Commissioner shall, with the previous approval 1 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 154. 2 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 154. 3 Sub-section (3) was inserted by Bom. 34 of 1954, s. 24. 4 Sections 378A to 378I were inserted by Bom. 34 of 1954, s. 25. 5 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155. 6 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155. 7 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155. 308 The Mumbai Municipal Corporation Act [1888 : III of 1[the Standing Committee], forthwith make a demolition order requiring that the building shall be vacant within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall be demolished within six weeks after the expiration of that period, or if the building is not vacated before the expiration of that period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the circumstances the Commissioner deems it reasonable to specify, and shall serve a copy of the order upon every person upon whom the Commissioner would be required by sub-section (1) of this section to serve a notice issued by him under that sub-section. (5) In determining for the purpose of this section whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.