278. Power to order demolition of building unfit for human habitation.
(1)Where, upon information in his possession, the Chief Municipal Officer is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.(2)If the owner of the building, or other person, upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Chief Municipal Officer and gives an undertaking that he shall, within a period specified by the Chief Municipal Officer, execute such work of improvement in relation to the building as will, in the opinion of the Chief Municipal Officer, render the building fit for human habitation or that the building shall not be used for human habitation until the Chief Municipal Officer, on being satisfied that it has been rendered fit for such habitation, cancels the undertaking, the Chief Municipal Officer shall not make an order of demolition of the building.(3)If no such undertaking as is referred to in sub-section (2) is given, or if, in a case where any such undertaking has been given, the works of improvement to which the undertaking relates are not carried out within the specified period or the building is used in contravention of the undertaking, the Chief Municipal Officer shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order, not being less than thirty days from the date of the order, and demolished within six weeks on the expiration of that period.(4)Where an order of demolition of a building under this Section has been made, the owner of the building or any other person having an interest therein shall demolish such building within the period specified in the order, and if such building is not demolished within that period, the Chief Municipal Officer shall demolish the building and shall sell the materials thereof.(5)Any expenses incurred by the Chief Municipal Officer for carrying out the purposes of sub-section (4) which cannot be met out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.(6)In determining, for the purposes of this Section and Section 335, whether a building is unfit for human habitation, regard shall be had to its condition in respect of the matters, such as,-(a)repair,(b)stability,(c)freedom from damp,(d)natural light and air,(e)water-supply,(f)drainage and sanitary conveniences, and(g)facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter; and the building shall be deemed to be unfit for human habitation only if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for occupation in that condition.(7)For the purposes of this Section and Section 335, "works of improvement", in relation to a building, shall include any one or more of the following works, namely:-(a)necessary repairs,(b)structural alterations,(c)provision of light points and water taps,(d)construction of drains, open or covered,(e)provision of latrines and urinals,(f)provision of additional or improved fixtures and fittings,(g)opening up or paving of courtyard,(h)removal of rubbish, filth and other polluted and obnoxious matters, and(i)any other work including the demolition of any building or any part thereof which, in the opinion of the Chief Municipal Officer, is necessary for executing any of the works as aforesaid.(8)The provisions of this Section and Section 334 and Section 335 shall not apply in relation to any building in any area which has been declared to be a slum area under any State law relating to improvement or clearance of slums.
