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3.3 It was then pointed out that as far as present Petitioner is concerned, for the purpose of obtaining NOC he has given undertaking to the Board to reimburse expenditure incurred by the Board towards structural repairs, propping, framing of reconstruction scheme, land acquisition, structural repairs etc. The Petitioner had taken full advantage of the same, availed incentive F.S.I. under Regulation No. 33(7) of the D.C.R., 1991 and constructed new buildings and thereafter belatedly after a gross delay the Writ Petition is filed. The Petitioner is estopped from challenging the same.

(Emphasis added)

20. Section 88 is regarding undertaking structural repairs by the Board of buildings which are in dangerous condition and likely to deteriorate and fall. The relevant portion is reproduced hereinbelow:

"88. (1) Subject to the other provisions of this Chapter, where the Board on consideration of the information given by the Municipal Commissioner, or a report or its officer authorised for the purpose, or other information in its possession, is satisfied that any building, which is occupied by persons, is in such a ruinous or dangerous condition, that it is imminently likely to fall unless structural repairs which will render it fit and safe for habitation, are urgently done, then in such cases, the 23rd November 2022 Chandulal Jorawarmal Mehta vs Mumbai Building Repair & Reconstruction Board oswp-1026-2016-J.doc Board shall, subject to the provisions of sub-section (3), undertake such repairs to that building. (2) The Board may prepare a list of such buildings setting out the order of priority or urgency in respect of which structural repairs are necessary, and may undertake simultaneously or in such order of priority the structural repairs according to the exigencies of the case and its resources.
(3) If the Board is of opinion that--
(a) the cost of structural repairs to [a building per square metre, will exceed such amount, as may be specified by the State Government, by notification in the Official Gazette, to be the structural repairs cost per square metre] or
(b) the cost of structural repairs to a building, per square metre, will exceed the amount specified under clause (a) but the size of the land on which such building is standing is such that for some reason or the other it would not be possible or economical to erect any new building thereon and there is an adjoining building but the cost of structural repairs to [such building, per square metre, does not exceed the amount specified under clause (a) then in cases falling under clause (a) or clause
"17. A perusal of the provisions of the Act makes it clear that its objects were : ( 1 ) to preserve the residential and tenanted buildings existing at the date of its enactment, (2) for that purpose, to set up a special agency, the Bombay Buildings Repairs and Reconstruction Board, whose duties and functions would be, (a) to undertake and carry out structural repairs to buildings in respect of which the impugned tax is levied, (b) to provide temporary or alternative accommodation to occupiers of any such buildings where any such building collapses, (c) to undertake and carry out tenantable repairs to buildings placed at its disposal, (d) to move the Government to acquire old and dilapidated buildings in respect of which the cess is levied and which are beyond repairs or buildings in which structural repairs have once been carried out but further repairs are not possible, (e) to reconstruct new buildings, (f ) to set up transit camps for those dishoused on account of collapses, fire, rain or tempest, and (g) to undertake demolition of dangerous buildings or portions thereof. These objects obviously were, fixed upon as a result of the earlier studies undertaken by the Government and the Corporation and the recommendations made by members of the public in answer to the proposals published 23rd November 2022 Chandulal Jorawarmal Mehta vs Mumbai Building Repair & Reconstruction Board oswp-1026-2016-J.doc by Government in connection with collapses of residential buildings and the tragic consequences following them.