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(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 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], and to prevent all cause of danger therefrom.

Section 354 after its amendment "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
913.wpl.3139.18.doc 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 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.

913.wpl.3139.18.doc that the structure will have to be categorized as "C-1". Once it is categorized as such, then, it would have to be pulled down. The records were perused by the Committee. It has specifically referred to the report of the Structural Engineer engaged by the Petitioners. It categorized the structure as "C2-B". However, that Structural Engineer has not carried out any test. No test of masonry elements has been carried out. The structure is in sound condition, according to them, and there is no sign of distress. The concrete is not dense according to the parameters supplied. On the other hand, the owner's Structural Engineer stated that the RCC frame is in severely deteriorated condition and the slabs are sagging and deflected. The deterioration of RCC structure member is leading to stress on weak non-load bearing walls which could lead to failure and collapse. The wooden structure has rotted and broken at various places leading to a precarious situation. He categorized it as "C-1" structure requiring immediate and urgent evacuation and redevelopment. 24 The Technical Advisory Committee came to the independent conclusions and which we have referred above. There is no question of the structure being repaired or termed as capable of being repaired. It is a 55 year old construction.

913.wpl.3139.18.doc Pertinently, the Petitioners set out no details of its maintenance and repairs. If owners have neglected the building as alleged, then, the efforts that the Petitioners have taken in the past to repair the entire structure ought to be placed on record. In that, it has only been stated before us that the Structural Auditor has referred to the repairs that have been carried out by the Petitioners from time to time. The Structural Auditor of the Petitioners says that there are no structural or architectural drawings of the building available with the tenants. The construction is about 53 years back. The survey was carried out to prepare as built drawings. It is also stated in his report that there is a structural damage observed at various locations. Though it is stated that on visual inspection there are no major defects, such as excessive cracks or disintegration in the RCC structure, however, the minor defects are noticed and according to them, these can be rectified. Most of the RCC beams in the external as well as internal areas of the building are found to be in damaged condition. The Structural Auditor of the Petitioners contradicts himself by saying that there are defects such as minor/major cracks due to the corrosion of steel reinforcements combined with the disintegration of concrete to be noticed in most