Section 288 in The City of Nagpur Corporation Act, 1948
288. Provisions regarding buildings unfit for human habitation. - (1) If it appears to the [Commissioner] that any building intended or used for human habitation or human occupation, for any purpose whatever is unfit for such habitation or occupation, he shall give notice in writing to the occupier or to the owner, if the building is not occupied, stating that the building is unfit and signifying his intention to prohibit the further use of such building for such purposes, and calling upon the occupier or owner to state in writing his objections to such prohibition within seven days from the receipt of the notice. If no objection is stated by such occupier or owner within the said period, or if the objection stated appears to the [Commissioner] to be insufficient or not well founded, he may, with the previous approval of the [Standing Committee] prohibit by an order in writing the further use of such building for human habitation or occupation :
Provided that, before such order is given the occupier or owner of the building shall be given an opportunity of appearing before the [Standing Committee] in person or by an agent in support of his objection.(2)Notice of such prohibition shall be served upon the owner of any building affected thereby and also upon every occupier or user thereof, specifying a period, not being less than fourteen days from the date of service of such notice, within which every such person shall remove himself and his movable property from the said building; and if within the period so specified any such person fails to remove himself and his property as aforesaid, the [Commissioner] may cause him and his property and to be removed and may recover from him the cost of such removal.(3)When a building has been vacated by removal under sub-section (2), the [Commissioner] shall affix a notice to the building in the prescribed manner and no person except with the permission in writing of the [Commissioner] and in accordance with the terms and conditions of such permission, shall without sufficient cause enter into or remain in such building.(4)If at any time after a building has been vacated by removal under sub-section (2), the [Commissioner] considers that it can be rendered fit for human habitation or occupation by structural alterations or repairs, he may by a notice in writing call upon the owner to execute, within a period of six months from the date of receipt of such notice, such structural alterations or repairs as he deems necessary, and if at the expiry of the aforesaid period such alterations or repairs have not been executed to his satisfaction, he shall issue to the owner a notice in writing ordering the demolition of such building within a period of thirty days from the receipt of the notice or such longer period as the [Commissioner] may specify.(5)If the [Commissioner] is of the opinion that the building cannot be rendered fit for human habitation or occupation, he may, with the previous approval of the [Standing Committee], by a notice in writing call upon the owner to demolish it within a period of thirty days from the receipt of such notice or such longer period as the [Commissioner] may specify.(6)If at the expiry of the said period an order to demolish a building given under sub-section (4) or sub-section (5) has not been complied with the [Commissioner] may, with the previous approval of the [Standing Committee] direct, by an order in writing, the demolition thereof by any municipal officer, servant or contractor. The materials of the building so demolished shall thereupon be sold by public auction and the proceeds of the sale shall be made over to the owner after deducting the cost of the demolition and sale. If the amount realised is not sufficient to cover the cost of the demolition and sale, the balance, if any, shall be recovered from the owner :Provided that, before such an order is given, the owner of the building shall be given an opportunity of appearing before the [Standing Committee] in person or by agent, and of showing cause why such order should not be given.(7)If any building in respect of which an order under this section has been given is held under a lease, the lease shall be voidable at the opinion of the lessee with effect from the date on which the lessee has to remove himself and his property.
