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4. There is an extant MMC policy, evolved as a result of an interim decision of 23rd June 2014 of this Court, 1 in regard to such notices. Under Section 354, on the basis that the building is ruinous, dilapidated and dangerous, owners and occupants are called upon to bring down the structure in question. This is Section 354:

354. W1, If it shall at any time appear to the Commissioner that any structure Wincluding 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 lika ely 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 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, of danger therefrom.

W4, If the Structural Engineer recommends any corrective repairs for securing the structural stability of the building, such corrective repairs shall be carried out by the owner or occupier of a building to the satisfaction of the Commissioner.

W5, Any owner or occupier, as the case may be, who fails to carry out corrective repairs for securing structural stability, within a period of six months from the date of report of the Structural Engineer, shall be punished with the fne as provided in section 471.

22nd August 2019 KHALIL AHMED MOHD ALI HAMDULAY V MCGM & ORS OSWPL2417-19-J.DOC W6, Notwithstanding anything contained in sub-section W5,, the Commissioner may, after giving the owner or occupier, a notice in writing, require him to carry out, within the period specifed in the notice, corrective repairs for securing structural stability of a building. If the owner or occupier fails to carry out such corrective repairs within the period specifed in the notice, the Commissioner may carry out the same and the expenses incurred by the Commissioner on such repairs shall, on demand if not paid within thirty days, be recovered from the owner or occupier as arrears of property tax.

21. re will consider all three reports immediately. There is a frst report of 14th August 2017 by Techno Consultants. This says that the building needs to be partially evacuated and requires immediate repairs. It notes specifcally at page 52 that there were cracka s observed in structural members including columns in all the ats 22nd August 2019 KHALIL AHMED MOHD ALI HAMDULAY V MCGM & ORS OSWPL2417-19-J.DOC and that reinforcement was exposed in the ceilings and the beams. These observations are reiterated at page 56. At page 57 is an alarming observation that one column on the ground oor has actually bucka led. At page 60 there is a conclusion that there are major cracka s in the beams, columns and slabs and the core concrete are afected. It was in view of this that at page 61, Techno Consultant said that the building required to be evacuated and required partial demolition requiring major structural repairs. re are unable to see how this report in any way benefts Mr Vanoo.