The duty of the Commissioner to ensure the implementation of notices under Section 354 and the issuance of specific guidelines for the Corporation to address difficulties in evacuating non-cooperative occupants.

This matter was listed from time to time. We have heard all the Counsel including the Counsel in other matters which were listed along with this matter for their respective suggestions. We have also heard the learned Advocate General and Counsel for MHADA.

2. This Petition has been filed by Municipal Corporation of Greater Mumbai seeking prayers against the State of Maharashtra and concerned police personnel to take steps for forcible eviction of the occupants of the building known as “Sohansingh Mansion” as also other buildings which are declared to be dilapidated and dangerous by the Corporation and to issue appropriate guidelines for removal of non-cooperating occupants of dilapidated and dangerous buildings. According to the Corporation, these guidelines are necessary so as to avoid any untoward incidents of loss of lives of the occupants of the said buildings, as well as, occupants of the adjoining structures and passersby.

3. Sometimes owners/builders are non-cooperative and fail to take care of their obligations. Sometimes tenants/occupants do not cooperate. Mere initiation of Civil and/or Criminal proceedings for the same is also of no use or effective mechanism to evacuate or evict immediately the non-cooperative tenants/occupants/owners. In view of the urgency expressed, we are inclined to pass the following order based upon the draft of minutes of order prepared and submitted by the Senior Counsel for the Petitioner Corporation and approved by the State Government and MHADA. A copy of the draft of Minutes of Order is taken on record and marked “X” for identification.

4. In light of the problem faced by the Corporation concerning large number of seriously dangerous and dilapidated buildings/structures which require to be urgently vacated/demolished, so as to prevent loss of life of the persons residing therein and/or residing in surrounding localities and/or people who are passersby, the Corporation has issued notices under section 354 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as “the said Act”) requiring the occupiers/owners to vacate/pull down the building(s). In view of the fact that in many of such buildings, the tenants and/or occupiers are residing and/or unwilling to vacate the premises inspite of the fact that the building is dilapidated and dangerous and likely to fall, which would cause loss of human life including of the persons who are refusing to vacate therefrom and/or because of the inaction on the part of the owners, it has become necessary to pass the present order.

5. On one hand, a number of petitions are filed and moved by the landlord/owner of such buildings seeking direction that the Corporation must enforce the notices issued by them under Section 354 of the said Act and evacuate/remove the occupiers and demolish the dangerous and dilapidated building(s) after evicting unwilling tenants/occupiers AND on the other hand, a number of petitions are filed by the occupiers and/or tenants of such dangerous and dilapidated buildings seeking to challenge the said notices under Section 354 of the said Act.

6. Section 354 of the said Act reads as under“ Dangerous Structures 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 other structure) is in a ruinous conditions, 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.

(2) The Commissioner may also if he thinks fit, require the said owner or occupier, by the