Section 499 in The Mumbai Municipal Corporation Act, 1888
499. [ In default of owner, the occupier of any premises may execute required work and recover expenses from the owner. [Section 499 was substituted for the original by Maharashtra 21 of 1989, Section 64.]
(1)Whenever, the owner of any building or land fads to execute any work which he is required to execute under this Act or under any regulation or bye-law made under this Act, the occupier, if any, of such building or land shall be entitled to execute such work in the manner set out in sub-section (2).(2)The occupier or occupiers interested in such work may seek the approval of the Commissioner for executing such work. The Commissioner shall grant the approval unless other measures are taken by him to execute the said work. While granting the approval the Commissioner shall specify the nature of the work. Upon such approval being granted, the occupiers shall be entitled to execute the said work and the expenses incurred for such work shall for all purposes be binding on the owner. The occupiers shall also be entitled to deduct amount of expenses incurred for such work from the rent which from time to time becomes due by them to the owner or otherwise recover such amount from them:Provided that, where such work is jointly executed by the occupiers the amount to be deducted or recovered by each occupier shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such workProvided further that, the total amount so deducted or recoverable shall not exceed the amount of expenses incurred for such work.Explanation I. - For the purposes of this section, the expression "expenses incurred for such work" means the total cost as certified by the Commissioner or an architect from the panel of architects notified by the State Government for the purposes of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, together with simple interest at ten per cent per annum on such amount calculated from the date of completion of such work till the date of deduction or recovery thereof.Explanation II. - The approval of the Commissioner given under this section shall include the right to enter the building or land for the purpose of execution of work.]
