Section 378E in The Mumbai Municipal Corporation Act, 1888
378E. Power to order demolition of obstructive building.
(1)The Commissioner may serve upon the owner or owners of a building which appears to him to be an obstructive building notice of the time (being sometime not less than twenty-one days after the service of the notice) and place at which the question of ordering the building to be demolished will be considered by [the Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 156, (w.e.f. 23-4-1999).], and the owner or owners shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.(2)If, after so taking the matter into consideration, [the Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 156, (w.e.f. 23-4-1999).] resolve that the building is an obstructive building and that the building or any part thereof ought to be demolished, the Commissioner may make a demolition order requiring that the building or that part thereof shall be demolished, and that the building or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within two months from the date on which the order becomes operative, and if he does so, shall serve a copy of the order upon the owner or owners of the building.(3)In this section the expression"obstructive building" means a building which, although not in itself unfit for human habitation, is so situated that by reason of its proximity to or contact with any other buildings it -(a)stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health, or(b)prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings.
