138. Power to order demolition of dangerous building.
(1)Where the Municipality upon any information is satisfied that any building is unfit for human habitation and is not capable, at a reasonable expense, of being rendered fit, it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as lessee 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 any of the persons upon whom a notice has been served under sub-section (1) appears, in pursuance thereof, before the Municipality and gives an undertaking that such person shall, within a period specified by the Municipality execute such work of improvement in relation to the building as well in the opinion of the Municipality render the building fit for human habitation or that the building shall not be used for human habitation until the Municipality on being satisfied that it has been rendered fit for human habitation, cancels the undertaking, the Municipality shall not make an order of demolition of the building.(3)If no such undertaking as referred to in sub-section (2) is given or, if, in a case where such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period or the building is used in contravention of the terms of the undertaking. the Municipality shall make an order of demolition which be carried out by the owner or, if the owner fails, by the Municipality at the cost of the owner in such manner as may be provided in the regulation.
