JUDGMENT :

1. This matter impugns a notice under section 354 of the Mumbai Municipal Corporation Act, 1888.

2. The petitioners before us are an Association of Tenants.

3. It is claimed that, the third respondent is holding itself to be the owner of the property as also the landlord/developer. The petitioners are relying upon an Order dated 23.6.2014 in Writ Petition (L) No. 1135 of 2014 under which the Municipal Corporation has been directed by this Court to lay down certain policies and follow a guideline so that old and dilapidated structures are either promptly repaired or rendered unfit for habitation or pulled down.

4. That is in furtherance of the mandate of section 353B of the MMC Act which benchmarked, buildings of more than 30 years old in the city of Mumbai for compulsory audit. The compulsory structural audit is not necessarily to be carried out by the owner/landlord but equally by the occupants in the event, the owner/landlord is not ready and willing to do so. This is for public safety. Ultimately, the rights in a immovable property are secondary to public safety and public interest. Public safety demands that old and dilapidated structures in Mumbai are brought down or demolished as so as to protect the life of not only those residing therein but their neighbourhood and passersby. The structure in question is already identified as old and dilapidated. On 30th July, 2009 the Municipal Corporation of Greater Bombay addressed to one, M/s. Hilton Realtors, a communication which reads as under:

“WHEREAS it appear to me that the certain structure, to which, a portion of the building of premises known as Kutbi Manzil and Nagarwala Bldg. Opposite Cigarette Factory, Sahar Road, Andheri (E), Mumbai-400 099 of which you are the owner/developer of building which is in ruinous condition likely to fall and dangerous to any person occupying resorting to, or passing by the same, I hereby require you, under section 354 of the Mumbai Municipal Corporation Act to carry out following repair under the strict supervision licensed Structural Engineer.

(1) To provide the adequate no. of props below beams, slabs, chajjas and wherever necessary while carrying out the repair works.

(2) To carry out rust removal treatment for all exposed and corroded reinforcement of R.C.C. member (i.e. beams, columns, slabs, chajjas etc.) at all floors, terrace, water tank etc.

(3) To carry out guniting to the R.C.C. Chajjas, columns, ceiling of slab and other R.C.C. members wherever necessary.

(4) To remove all external plaster and provide new plaster after carrying out guniting to all RCC members which are either cracked or have lost their concrete cover and reinforcement is found exposed.

(5) To remove rank vegetation growth on external walls.

(6) To re-plaster the brick masonry walls by removing old cracked plaster wherever necessary.

(7) To do internal plaster wherever necessary.

(8) To provide proper waterproofing treatment to terrace slab.

(9) To replace all broken and leaking down take waste water pipes, fresh water pipe lines of the building with new one.

(10) Any other repair and strengthening work as suggested by licensed structural Engineer.

(11) All the above repair work to be carried out under the supervision of licensed architect or structural consultant.

And to prevent all cause of danger there from, I further hereby require you under the aforesaid section of the Mumbai Municipal Corporation Act, secure the said structure to set up a proper and sufficient board or fence for the protection of passers by and other persons. I give you notice that if within 30 days from the service or receipt hereof of this requisition be not complied with you will render yourself liable to prosecution under section 475A of the said Act and I may thereafter, pursuant to the provisions of section 489 of the said Act take or such measures or cause such work to be executed or such thing requirement to be done as mentioned in the Notice under section 354 of the M.M.C. Act as shall