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13. I have gone through the TAC report, on perusal of the said report it reveals that the members of the TAC committee gave hearing to both the structural auditor. The structural consultant of defendant and structural engineer of plaintiff both present in the meeting. Both audit report considered by TAC members. The TAC members also visited the suit property, sufficient opportunity given to the structural auditor of the plaintiff to explain his report and then unanimously come to the conclusion that suit structure is dilapidated in condition, and needs to be vacated and demolish immediately. Therefore in my opinion, the TAC has not violated any major guidelines. The TAC is an independent committee having expert in the said field. Therefore the opinion of TAC can not be a question on the ground that they have accepted the structural audit report submitted by the landlord. Therefore I answer
IV) Structural audit report mentioned in the policy shall be carried by Structural Engineer registered with M.C.G.M. which should be checked by concerned user department.
(1) Private Buildings :-
1.01) a) All the buildings having more than 30 years of age or the cases where the A.E. (B&F) & Ward
9.ao.377-21.doc Executive Engineer have received specific complaints about dilapidated condition of the building (though less than 30 year old then notice u/s 488 of MMC Act 1888 as amended up to date shall be served upon the building) and if AE/EE comes to the conclusion that the building is dilapidated, based on the visual inspection of a particular building, by recording the same as per Proforma-A (Annexure-1), A.E.(B&F) shall issue Notice under Section 353 (B) of the M.M.C. Act to the owner/occupiers/tenants of the building to carry out structural Audit from the Structural Engineer registered with M.C.G.M.

1.02) If the owner/occupier/Tenants fails to submit the structural audit report as per the notice u/s 353B in the prescribed Proforma-B (Annexure-2) within 30 days from the date of service of notice, the prosecution u/s 471/472 (as applicable) under MMC Act 1888 as amended up to date shall be launched against the offenders.

1.03) On receipt of Structural audit report, the findings (Category) of the same shall be communicated to tenants/occupants by displaying it on the premises visible to all stating that tenants/occupants shall take care to safeguard the

9.ao.377-21.doc property by propping the building wherever necessary as suggested by Registered Structural Engineer. 1.04) If the tenants/Occupants object to the findings of the Structural audit report they shall be asked to appoint their own, registered structural engineer & submit the structural audit report in Proforma-B within 15 days. Otherwise process will be same as per 1.07.

1.05) If the owners and/or the tenants/occupants submit conflicting structural audit report on the status of the building, the matter shall be referred to the concerned Technical Advisory Committee (T.A.C.) (Annexure-3) & the decision of T.A.C. will be final and binding on all the parties concerned. The Technical Advisory Committee shall give hearing to concerned structural consultants during the meeting. As far as possible, meetings of Technical Advisory Committee (T.A.C.) shall not be adjourned. For genuine reasons the meeting may be adjourned but in no case more than two adjournments shall be granted."