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Showing contexts for: structural repairs in Shubhas Jain vs Rajeshwari Shivam on 20 July, 2021Matching Fragments
6. Buildings in Mumbai in need of repair are classified into C1, C2-A, C2-B and C3 categories having regard to their condition. Category C1 buildings are those which require immediate evacuation and demolition, Category C2-A buildings are also required to be evacuated. Category C-2A buildings require major structural repairs and/or partial demolition. C-2B buildings are repairable without eviction, but need structural repairs. C-3 buildings do not require eviction. They need only minor repairs.
7. The Appellant says that the Petitioner has entered into arrangements with all the tenants except 6 including the Respondent No.1/writ petitioner who have not agreed to vacate the premises in question. All the other tenants have duly vacated.
8. It is alleged that the structures at the premises in question, which are in a dilapidated and dangerous condition, have been declared as of the C-1 category. One of the structures is of the C-2A category. The Appellant submits that, the structures being interlinked, structural repair of any one structure would affect the stability of the adjacent structure.
“13. Brief Description of Repairs to be done:
(c) External Plaster External Plaster & Structural repairs:
External Plaster to be replaced with new plaster.
(d) Structural Repairs Structural Repairs:
Damaged Structural
members like load
bearing walls and its
plaster, brick pillars,
beams and slabs, where
ever exists, should be
strengthened and its
repairs should be
carried out immediately.
The said structural
repairs should be
carried out as per the
direction and under the
supervision of
registered structural
engineer.
14. Conclusions of Consultants- The structure has
suffered damages to the
external walls & RCC
elements at various
locations.
Leakages/capillary action
on external wall is due
to sub soil water
pressure. The said
external walls should be
repaired immediately with
PCC bedding and damp-
proof course under it so
as to protect it from sub
soil action. During the
course of repairs,
propping and barricading
is to be provided.
Damaged Structural
members like load bearing
walls and its plaster,
brick pillars, beams and
slabs, where ever exists,
should be strengthened
and its repairs should be
carried out immediately.
The said structural
repairs should be carried
out as per the direction
and under the supervision
of registered structural
engineer.
Many of the observations
mentioned above needs
immediate attention. Any
further delay even if
marginal to initiate the
major restoration and
repair works could lead
to a part or complete
failure and leading to
mishaps, even without
warning signals. This
could be serious & fatal
to both the occupants of
the building structure as
well as the passerbye’s
(sic passers by) in close
proximity to the
structure.”
26. It is well settled that the High Court exercising its
extraordinary writ jurisdiction under Article 226 of the
Constitution of India, does not adjudicate hotly disputed
questions of facts. It is not for the High Court to make a
5) It is requested that the concerned authority must carry out regular maintenance of the structures, sewer lines & premises to avoid any further severe damage to the structure at a later stage.
6) ……..
7) It is extremely important to add here that the
structure is almost more than 45 years old and has majorly outlived its economic life. In olden days, especially in 1900’s, the Indian Standard codes were basic in nature as compared with what is adopted in the present time. Even if the decision of restoration is adopted, uplifting the structure to an extent that it would be at part with modern structure’s in terms of the strength, design & safety standards and also the I.S codal provisions especially seismic and wind analysis would be practically ruled-out and possible only if entire structural upliftment is carried out within each and every corner of the structure, which is extremely difficult in case of repair works considering the massive repairs cost involved. Moreover, the foundations of the structure cannot be restored.