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| (1) |
Where the
Chairperson upon any information in his possession is satisfied that any building
is unfit for human habitation and is not capable at a reasonable expense of being
rendered so fit he shall serve upon the owner of the building and upon any other
person having an interest in the building, whether as a lessee, mortgagee or otherwise
a notice to show cause within such time as may be specified in the notice as to
why an order of demolition of the building should not be made. |
| (2) |
If any of
the person upon whom a notice has been served under sub-section (1) appears in
pursuance thereof before the Chairperson and gives an undertaking to him that
such person shall, within a period specified by the Chairperson execute such works
of improvement in relation to the building as will, in the opinion of the Chairperson,
render the building fit for human habitation or an undertaking that the building
shall not be used for human habitation until the Chairperson on being satisfied
that it has been rendered fit for that purpose, cancels the undertaking, the Chairperson
shall not make an order of demolition of the building. |
| (3) |
If no such
undertaking as is mentioned in sub-section (2) is given or if in a case where
any such undertaking has been given, any work of improvement to which the undertaking
relates is not carried out within the specified period, or the building is at
any time used in contravention of the terms of the undertaking, the Chairperson
shall, forth with make an order of demolition of the building requiring that the
building shall be vacated within a period to be specified in the order not being
less than thirty days from the date of the order, and that it shall be demolished
within six weeks after the expiration of that period. |
| (4) |
Where an
order of demolition of building under this section has been made, the owner of
the building or any other person having an interest therein, shall demolition
that building within the time specified in that behalf by the order, and if the
building is not demolished within that time, the Chairperson shall demolish or
cause to be demolished the building and sell the materials hereof. |
| (5) |
Any expenses
incurred by the Chairperson under sub-section (4) if not satisfied out of the
proceeds of the sale of materials of the building shall be recovered from the
owner of the building or any other person having therein, as an interest therein,
as an arrear of tax under this Act. | | (6) |
In determining
for the purposes of section 277 and this section whether a building is unfit for
human habitation, regard shall be had to its conditions in respect of the following
matters, that is to say, -
| a) | repair;
| | b) | stability;
| | c) | freedom
from damp; | | d) | natural
light and air; | | e) | water
supply; | | f) | drainage
and sanitary conveniences; | | g) |
facilities
for storage, preparation and cooking of food and for the disposal of rubbish,
filth and other polluted matter. | And
the building shall be deemed to be unfit as aforesaid if it is so far defective
in one or more of the said matters that it is not reasonably suitable for occupation
in that condition.
| | (7) |
For the
purpose of section 277, section 278 and this section, "work of improvement" in
relation to a building includes any one or more of the following works, namely:-
| a) | necessary
repairs; | | b) | structural
alterations; | | c) | provision
of light points and water taps; | | d) | construction
of drains, open or covered; | | e) | provision
of latrines and urinals; | | f) | provision
of additional or improved fixtures and fittings; |
| g) | opening
up or paving of courtyard; | | h) | removal
of rubbish, filth and other polluted and obnoxious matters; |
| i) |
any other
work including the demolition of any building or any part thereof which, in he
opening of the Chairperson, is necessary for executing any of the works specified
above. | | | (8) |
The provisions
of section 276, section 277 section 278 and this section shall not apply in relation
to any building in any area which has been declared to be a slum area under the
Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956). |
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