Section 91 in Maharashtra Housing and Area Development Act, 1976
91. Repairs or reconstruction of buildings which suddenly collapse or become uninhabitable.
(1)Where a building suddenly collapses or becomes uninhabitable due to fire, torrential rain or tempest or otherwise and all or any of the occupiers thereof are dishoused, the Board shall allot temporary accommodation to such occupiers in any building maintained by the Authority for such purpose at such places and to such extent as it deems fit, and the provisions of the last preceding section shall mutatis mutandis apply as they apply in relation to occupiers of buildings which are undertaken to be structurally repaired.(2)In the case of any such building, if the Board is of the opinion that the building is capable of being repaired and rendered fit for habitation at reasonable expense, the Board shall immediately undertake the necessary repairs and the last preceding section and other provisions of this Chapter shall apply mutatis mutandis to such repairs as they apply to structural repairs.(3)Where the whole building collapses or is rendered uninhabitable, or the Board is of the opinion that the building is not capable of being repaired and rendered fit for habitation at reasonable expense, the Board may move the State Government to acquire the property under the provisions of this Chapter and take necessary further action to construct a new building on the site to accommodate the dishoused occupiers and to provide accommodation for other purposes specified in sub-section (2) of section 92.(4)The provisions of succeeding section shall apply mutatis mutandis to the acquisition, reconstruction and rehabilitation of occupiers of such buildings.(5)Where the whole building collapses or is rendered uninhabitable, and is, therefore, not capable of being repaired and rendered fit for habitation and the property is not acquired under sub-section (3), then, no plan for erecting any new building on land on which such building was standing shall be sanctioned by the [Mumbai Corporation] [These words were Substituted for the original by Maharashtra 25 of 1996, Section 2, Schedule para (3).] unless a no objection certificate from the Board has been produced along with such plan for erecting such building.
