Bombay High Court · Division Bench · 23.06.2014
Dangerous buildings: evacuation guidelines, and no CC without the tenants’ agreement
On a petition by the Municipal Corporation, the Bombay High Court laid down guidelines for vacating and demolishing C-1 category buildings under Section 354 of the MMC Act, and directed that redevelopment of a demolished private building get no commencement certificate until an agreement or settlement with the tenants and occupiers is filed.
Key points
- The guidelines apply only to buildings classified C-1 (dangerous, to be vacated and demolished) after the Corporation’s own inspection and a structural audit; conflicting reports go to a Technical Advisory Committee.
- Occupants keep their right to re-occupy the same area in the new building; evacuation or demolition does not affect their rights.
- Where the Corporation demolishes a private building, the IOD for redevelopment must say that no commencement certificate will issue until a permanent alternate accommodation agreement, or a settlement, with the tenants/occupiers is filed with the Corporation.
The facts
The Corporation had issued notices under Section 354 of the Mumbai Municipal Corporation Act, 1888 for many dilapidated buildings, but occupants were often unwilling to vacate, owners did not act, and the police did not assist. Petitions were being filed both by owners seeking enforcement of the notices and by occupants challenging them. The Corporation sought directions, starting with a building at Jogeshwari.
What the Court held
Relying on the Supreme Court’s observation in Makarand Sugavkar v. MCGM (2013) that the Commissioner is duty-bound to enforce Section 354 notices, and on draft minutes agreed by the Corporation, the State and MHADA, the Court issued interim guidelines. In outline: the Corporation must inspect and survey before classifying a building as C-1, considering structural audit reports; conflicting reports go to a Technical Advisory Committee, which carries out visual inspection and tests; the Corporation lists the occupants and their areas, gives notice to vacate (7 days where a Section 354 notice has already issued), disconnects utilities, and may take police help using only reasonable force; it may then demolish. The rights of tenants, occupiers and owners are preserved, and they can re-occupy the same area after reconstruction, subject to the law on redevelopment. MHADA must provide transit accommodation for cessed buildings, and the Corporation for its own buildings. For demolished private buildings, the IOD must carry a condition that no commencement certificate under Section 45 of the MRTP Act will be issued until an agreement for permanent alternate accommodation, or a settlement, between the tenants/occupiers and the landlord is filed with the Corporation. Sudden collapses are to be examined by an expert committee. The C-1 list is to be published on the Corporation’s website, and everyone remains free to approach the Court.
Why it matters
Societies and tenants in old buildings facing a C-1 classification can use these guidelines to insist on a proper inspection and to protect their right to return. The condition on the commencement certificate is a safeguard against a developer demolishing and building without first securing the existing occupants.
Eleven-page order in English. This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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