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It was further contended that this Court ought not to entertain a Petition at the behest of a petitioner who had dishonest intent and was using this Court, by suppressing material facts (pendency of the civil suits) to evict these Respondents

7. Respondent No.12, 13 and 14 filed their Affidavits in Reply dated 20.12.2025 and contended that the Petitioner supressed the report dated 27.06.2023 prepared by Home Concepts; it is further their contention that there was failure on part of the Petitioner in maintaining the building and further averred that Section 190 of the Act mandates that the Chief Officer shall first try to repair any dilapidated structure, unless it is beyond repair, before granting demolition.

20. The orders under challenge in revision before the Secretary, Urban Development, was the order dated 18.01.2024, passed under Section 190 of the Act. Section 190 of the Act reads as under:

"190. Removal of buildings, structures, etc., which are in ruins or likely to fall (1) If it shall at any time appear to the Chief Officer that any building or other structure or anything affixed to such building or 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 building or structure or any other structure or place in the neighbourhood thereof, the Chief Officer may, by written notice, require the owner or occupier of such building or structure to pull down, secure, remove or repair such building, structure or thing or do one or more such things and to prevent all causes of danger therefrom.
(3) If it appears to the Chief Officer that the danger from a building, structure or thing which is ruinous or about to fall is of hourly imminence, he shall, before giving notice as aforesaid or before the period of notice expires, fence of, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger.
(c) Tenants have rights but also remedies to keep their structure in tenantable repair. We have referred extensively to Section 14 of the Maharashtra Rent Control Act, 1999. So far, we have not seen a single case where any tenant or group of tenants has invoked his or their rights under this Section
(d) Section 3538 casts an obligation not only on owners but also on occupiers of structures that are more than 30 years old to furnish a structural stability certificate. We have yet to see one so furnished unbidden, or, when demanded, one with anything meaningful in it.