449. Power to order removal of dangerous buildings.
(1)If any wall or building, or anything affixed thereto, is deemed by the Municipal Commissioner or the Executive Officer to be in a ruinous state, or is likely to fall, or to be in any way dangerous, he shall forthwith cause a notice, in writing, to be served on the owner and to be put on some conspicuous part of the wall or building or served on the occupier, if any, of the building requiring such owner or occupier forthwith to demolish, repair, or secure such wall, building or thing, as the case may require.(2)The Municipal Commissioner or the Executive Officer may, if it appears to him necessary so to do, cause a proper hoarding or fence or other means of protection to be put up at the expense of the owner of such wall or building for the safety of the public or the inmates thereof; and may, after giving them such notice as the Municipal Commissioner or the Executive Officer may think necessary, require the inmates of the building to vacate it.(3)The provisions of this Act and of any rules or regulations made thereunder relating to buildings shall apply to any work done in pursuance, or in consequence, of a notice issued under sub-section (1).(4)(a)Notwithstanding anything contained in the foregoing provisions of this section, the Municipal Commissioner or the Executive Officer may, forthwith or with such notice as he thinks fit, demolish, repair or secure or cause to be demolished, repaired or secured, any such wall or building or thing affixed thereto, on the report of the Municipal Architect and Town Planner, certifying that such demolition, repair or securing of the building, wall or thing is necessary for the safety of the public or the inmates of the building,(b)in any such case, the Municipal Commissioner or the Executive Officer may cause the inmates of the building to be summarily removed from such building or from such portion thereof as he may consider necessary.(c)all expenses incurred by the Municipal Commissioner or the Executive Officer for carrying out the purposes of this sub-section shall be paid by the owner of such wall, building or thing.(5)Anything done or any action taken by the Municipal Commissioner or the Executive Officer under sub-section (4) shall, unless the contrary is proved, be deemed to have been done or taken lawfully and in good faith.
