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Sunday, September 1, 2013

WHEN STRUCTURAL REPAIRS CAN BE UNDERTAKEN...

GAJANAN KHERGAMKER lists down the situations when it becomes essential for buildings to go in for redevelopment or for any major structural changes to take place, that can prevent the building from collapsing



    The Maharashtra Housing and Area Development Board (MHADA) is expected to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall. "On consideration of the information given by the municipal commissioner or a report of its officer authorised for the purpose or other information in its possession, if the board is satisfied that any building occupied, is in such a ruinous or dangerous condition, that is imminently likely to fall unless structural repairs which will render it fit and safe for habitation are urgently done, then in such cases, the board shall, subject to provisions of sub-section (3), undertake such repairs to that building. 
    According to subsection 2 of the MHADA Act, the board may prepare a list of such buildings, setting out the order of priority or urgency, in respect of which structural repairs are necessary and may undertake simultaneously or in such order of priority, the structural repairs according to the exigencies of the case and its resources. 
    Also, in case the board is of the opinion that a) the cost of structural repairs to a building per square metre, will exceed such an amount, as may be specified by the state government by notification, in the official gazette, to be the structural repairs cost per square metre or b) the cost of the structural repairs to a building, per square metre, will exceed the amount specified under clause (a) but the size of the
land on which such building is standing in such that for some reason or the other it would not be possible or economical to erect any new building thereon and there is an adjoining building but the cost of structural repairs to such building, per square metre, does not exceed the amount specified under clause (a); the board may not consider such building/s for repairs. It may issue a certificate to that effect to the owner or owners thereof, as the case may be, affix a copy of the relevant certificate in some conspicuous part of the building or buildings for the information of the occupiers and proceed to take actions as provided. 
    In cases of special hardship, the board may, on such terms and conditions as it may deem fit to impose, consider a building for structural repairs even if the cost of such repairs is 
likely to exceed the limit. 
    In case, the occupiers of a building undertake that they shall bear the cost of such repairs which are in excess of the amount specified under clause (a) per square metre and abide by such terms and conditions for payment of the excess cost to the board as it may think fit to impose, the board may carry out structural repairs to such building. 
    The municipal commissioner shall, from time to time, send to the board, full particulars of the buildings which are in a ruinous or dangerous condition and the condition of which is such that they are likely to fall if structural repairs are not urgently undertaken. He may also send particulars of buildings to which a notice has been served under Section 354 of the Corporation Act but the same have not been complied with.


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