387. Power to order demolition of building unfit for human habitation.
(1)Where, upon information in his possession, the Municipal Commissioner or the Executive 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 Municipal Commissioner or the Executive Officer and gives an undertaking that he shall, within a period specified by the Municipal Commissioner or the Executive Officer, execute such works of improvement in relation to the building as will, in the opinion of the Municipal Commissioner or the Executive Officer, render the building fit for human habitation or that the building shall not be used for human habitation until the Municipal Commissioner or the Executive Officer on being satisfied that it has been rendered fit for such habitation, the Municipal Commissioner or the Executive 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 Municipal Commissioner or the Executive 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 sub section (3) 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 Municipal Commissioner or the Executive Officer shall demolish the building and shall sell the materials thereof.(5)Any expenses incurred by the Municipal Commissioner or the Executive 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)Any person who fails to comply with the notice issued by the Municipal Commissioner or the Executive Officer under sub-section (1) shall be liable to a fine not exceeding two thousand rupees and to a further fine of two hundred rupees for every day during which the default is continued after the expiration of eight days from the date of service on him of such notice.(7)In determining, for the purposes of this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the factors, 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 factors as aforesaid that it is not reasonably suitable for occupation in that condition.(8)For the purposes of this section, "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 Municipal Commissioner or the Executive Officer, is necessary for executing any of the works as aforesaid.(9)The provisions of this section 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.
