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9. Placing reliance on the Judgment referred to above it is contended that in view of destruction of the structure the plaintiffs who were entitled to claim recovery of land and bar contained in the provisions of Rent Control Act would not be an impediment in prosecuting the suit. The appellant has also invited 21 ao1271.11 group.sxw my attention to the finding recorded by the trial Court to the effect that suit structure has been completely gutted down and as such the issue as regards bar of Section 33 of Maharashtra Rent Control Act is not attracted in the matter. The contentions raised by the plaintiff that whole structure is gutted down and even the skeleton structure also does not remain in existence is specifically controverted by the respondent-defendants. It is the contention of the defendants that structural repairs are possible and the very fact that MHADA has issued no objection certificate for carrying out structural repairs itself is indicative of the fact that the whole building is not gutted down but the structure is capable of being repaired. The argument advanced by the respondents-defendants appears to be logical.

(36) "structural repairs" for the purposes of Chapter VIII means repairs or replacement of decayed, cracked, or out of 23 ao1271.11 group.sxw plumb structural components of a building or any substantial part thereof or any part to which the occupiers have common access, such as,staircases, passages, water closets or privies by new ones of the like material or materials, or of different material or materials including change in the mode of construction like converting load bearing wall type or timber framed structure to an R. C. C. one, or a combination of both, which repairs or replacement in the opinion of the Board, if not carried out expeditiously, may result in the collapse of the building or any such part thereof; and"structural repairs" includes repairs and replacement of all items which are required to be repaired or replaced as a consequence of the repairs or replacement aforesaid which are carried out or to be carried out, and also repairs and replacement of the roof (both not replacement of the tiles only)and of the drain pipes(including house gallies) fixed to the building, which, if not repaired or replaced simultaneously with structural repairs would cause further damage to the building.

When such repairs to any building or any part thereof are carried out by the Board the building shall be deemed to be structurally repaired under this Act;"

11. In view of provisions of Section 28 of the MHADA Act, it is the duty and function of the Authority to conduct repairs or conduct the activity of the construction or reconstruction of the buildings. Thus the Authority established under the provisions of the act is empowered to either conduct the repairs or get the same carried out by applying the modes prescribed under the Act. Section 76 of the Act prescribes duties relating to repairs and reconstruction of the Board. It is the responsibility of the Board to undertake and carry out structural repairs and further to provide a temporary and alternative accommodation to the occupants of such building if the repairs thereto are undertaken, or if a building collapses. It is also responsibility of the Board to move the State Government to acquire the old and dilapidated buildings which are in the opinion of the Board beyond repairs and reconstruct or to get reconstructed new buildings thereon for the purpose of housing as many occupiers.

24 ao1271.11 group.sxw

12. Section 88 of the Act is in respect of structural repairs of the buildings which are in ruinous condition and likely to deteriorate and fall. If the Board is of the opinion that the repairs of the building structure need not be undertaken, the Board may issue a certificate to that effect to the owner.