Document Fragment View

Matching Fragments

8 Section 354 of the said Act of 1888 reads thus :

"354. Removal of structures, etc., which are in ruins or likely to fall.
(1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall or other structure and anything affixed to or projecting from, any building, wall or other structure) is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighborhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure or repair such structure, [subject to the provisions of section 342] and to prevent all cause of danger therefrom.
"264. Removal of structures, etc. which are in ruins or likely to fall -
(1) If it shall at any time appear to the Designated Officer that any structure (including under this expression any building wall, parapet, pavement, floor, steps, railings, door or window frames or shutter or roof, or other structure and any thing affixed to or projecting from or resting or any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighbourhood thereof, the Designated Officer may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair such structure or thing or do one or more of such things and to prevent all cause of danger therefrom.

(4) Any expenses incurred by the Designated Officer under sub-section (3) shall be paid by the owner or occupier of the structure.

(5) (a) Where the Designated Officer is of opinion, whether on receipt of an application or otherwise, that the only or the most convenient mean by which the owner or occupier of a structure such as is referred to in sub- section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the Designated Officer after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing authorise the said owner or occupier to enter such adjoining premises.

"13. No doubt, sub-section (1) merely authorises the Commissioner to give written notice requiring the owner or occupier of the structure to pull down, secure or repair such structure subject to provisions of section 342 of the Act and to prevent all cause of danger therefrom. It does not expressly mention about the power of the Corporation to enter upon such building or to remove the same. The question is: whether there are other enabling provisions empowering the Commissioner or the officials of the Corporation to take the notice issued 1 2013 (2) Mh.L.J. 681 17 of 29 wp-1080.15 .odt under section 354 to its logical end. In the case of M/s Whiz Enterprises (supra), the Division Bench directed the Corporation to take the notice issued under section 354 of the said Act to its logical end in accordance with law forthwith. On the same lines, the petitioners are inviting directions against the Corporation in the present petition.