Structural Repairs Under MHADA ACT 1976 with Case Law LLB NOTES

NOTE: Structural repair is a vast topic covered in the MHADA Act in its various sections but the major section that deals with Structural repairs is 88 and 89. 

     

Structural Repairs under Maharashtra Housing and Area Development Act, 1976

INTRODUCTION: The MHADA Act establishes the Mumbai Repair and re-construction board to carry out Structural Repairs of Dilapidated Buildings. Which means the building which are distorted, damaged or are in a argent need of repair, than the Mumbai Repair and Re-construction board follows certain procedures and carries out such repairs. 

   

MAIN ANSWER: The Mumbai Repair and Re-construction Board is established under section 18 of MHADA act.

 Section 76. Duties relating to repairs and reconstruction of dilapidated buildings.

- Subject to the provisions of this Chapter, it shall be the duty of the Board-

(a) to undertake and carry out structural repairs to buildings, in such order of priority as the Board, having regard to the exigencies of the case and availability of resources, considers necessary, without recovering any expenses thereof from the owners or occupiers of such buildings;

(b)to provide temporary or alternative accommodation to the occupiers of any such building, when repairs thereto are undertaken, or a building collapses;

(c)to undertake, from time to time, the work of ordinary and tenantable repairs in respect of all premises placed at the disposal of the Board;

(d)to move the State Government to acquire old and dilapidated buildings and which are, in the opinion of the Board, beyond repairs; and to reconstruct or to get reconstructed new buildings thereon for the purpose of housing as many occupiers of those properties as possible, and for providing alternative accommodation to other affected occupiers;

(e)to move the State Government to acquire old and dilapidated buildings and which were once structurally repaired by the Board, but in respect of which further structural repairs are not, in the opinion of the Board possible or economical, and to reconstruct or to get reconstructed (on demolishing existing buildings) new buildings thereon for the purpose of housing as many occupiers of those properties as possible, and for providing alternative accommodation to other affected occupiers;

(f)having regard to the exigencies of the case and availability of resources, to construct or to get constructed through an approved agency, transit camps with a view to providing temporary accommodation to persons affected by house collapse, fire, torrential rain or tempest in its area of operation;

(g)to take action for demolition of dangerous and dilapidated buildings or portions thereof, which are not capable of being repaired at reasonable expense, and thereby save human lives;

(h)with the prior approval of the Authority, to do all other things to facilitate the carrying out its powers, duties and functions provided by or under this Act.

 

77. Special Powers of Board.

- The Board, in the exercise of its powers, performance of its duties and discharge of its functions under this Chapter may-

(a)authorise any person, by general or special order, to enter into or upon and building or land with or without assistance of workmen for making any inquiry, inspection, survey, measurement, valuation or taking levels of such building or land or for carrying out any structural repairs or to execute any work which is authorised by or under this Act, or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or regulation made thereunder

Provided that, before exercising such powers, so far as may be compatible with the exigencies of the purpose for which the entry is to be made, reasonable notice shall be given to the owner and occupiers, and the power shall be exercised as far as possible in their presence or in the presence of their representatives, and due regard shall be had to the social and religious usages of the owner or occupiers;

(b) cause any building proposed to be structurally repaired or reconstructed or demolished to be vacated if so considered necessary, within a specified period, and take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary therefor.

Where any such building or part thereof is caused to be vacated, the Board shall allot to the occupiers who are dishoused or required to vacate their premises temporary accommodation in any building maintained by the Authority at such place and to such extent as it deems fit; and the relevant provisions of this Chapter shall mutatis mutandis apply to such occupiers.

!1) Section 88. Board to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall.

1)   Subject to the other provisions of this Chapter, where the Board on consideation of the information given by the Municipal Commissioner, or a report of its officer authorised for the purpose, or other information in its possession, is satisfied that any building, which is occupied by persons, is in such a ruinous or dangerous condition, that it 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 the provisions of sub-section (3), undertake such repairs to that building.

(2) The Board may prepare a list of such building 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:

(3) If the Board is of opinion that—

(a) the cost of structural repairs to a building will exceed 1[one thousand two hundred rupees] per square metre, or

(b) the cost of structural repairs to a building will exceed 1[one thousand two hundred rupees] per square metre but the size of the land on which such building is standing is 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 repair8 to such building does not exceed 1[one thousand two hundred rupees] per square metre,

then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything contained in this Chapter, may not consider such building or buildings for repairs and 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 this Chapter

Provided that, 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 aforesaid:

Provided further that, where in any case the occupiers of a building undertake that they shall bear the cost of such repairs which are in excess of 1[one thousand two hundred rupees] 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.

(4) 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 or in respect of which he has served notice under Section 354 of the Corporation Act, but the same have not been complied with

(

(

 





 

 

2) Section 89. Procedure before undertaking structural repairs.

(1) Where the Board is satisfied under section 88 that structural repairs are necessary to a building, the Board shall give the owner thereof a notice of not less than fifteen days, informing that the Board intends to carry out such repairs on and from a date specified in the notice, being a date which shall be after the expiry of the period specified in the notice, and asking him to submit objections or suggestions, if any, thereto before the time specified in the notice.

(2)The notice shall also require the owner to furnish to the Board a statement in writing signed by the owner stating therein the names of all occupiers of the building known to him from his record, the approximate area and location of the premises in occupation of each occupier and the rent, compensation or amount (including permitted increases, if any), charged therefor.

(3)A copy of such notice shall also be affixed in conspicuous part of the building to which it relates and also published by proclamation or near such building accompanied by a beat of drum for the information of the occupiers thereof and for giving them an opportunity to submit objections or suggestions, if any.

(4)On such affixation and publication of the notice, the owner, occupiers and all other persons interested in such building shall be deemed to have been duly informed of the matters and contents stated in the notice.

(5)After considering the objections and suggestions received within the time aforesaid, the Board may decide to carry the repairs with or without modification or may postpone the repairs for a certain period, or may cancel the intention to repair.

(6)Where the Board has reason to believe that the building is immediately dangerous for habitation, the notice may be returnable within 24 hours from the service thereof.

(7)The Board may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as it thinks fit to prevent danger to, or from, the said buildings.

(8)Any owner who refuses to furnish a statement as required by sub-section (1) or intentionally furnishes a statement which is false in any material particular shall, on conviction, be punished with fine which may extend to one thousand rupees.

 CASE LAW: Kantilal Chunnilal Porwal v. The Municipal Corporation Of Greater Mumbai 1996

•  To carry out structural Repair under MHADA Act the Boards permission is required but in this case the repair was conducted by the BMC and the BMC was moving to MHADA for undertaking such structural repair. the core dispute was regarding the Corporation's claim that Porwal was required to carry out repairs to a building and porwal argued that the MHADA had under taken to conduct such repairs.
• As per section 76 of the Act the information must be given to the board about such repair. The court held that the board must take necessary action.

Essay on Concept of Sexual Harassment (POSH)

 Essay: Concept of Sexual Harassment in India

• INTRODUCTION:

       Sexual Harassment is a crime Committed by Sexual Predators which affect the victims Mental and Social well-being for life, it is a crime of Extreme atrocity this essay will dive into a descriptive Concept of Sexual Harassment with covering how the Sexual harassment manifests and how it effects the victims Mentality. 

         Sexual Harassment and violence remain significant issues in India. According to the National crime Records Bureau (NCRB) in 2021, there were 31,878 reported cases of rape. This translates to approximately 86. Cases per day. India has Consistently reported more than 400 sexual harassments at workplace Cases every year from 2018 to 2022, as Cited in a Business standard report, which used NCRB data.

 "There remains what seems like an impenetrable wall of silence around violence, and that must all Play a role in breaking this silence." Reese Witherspoon. Many cases of Sexual Harassment go unreported due to shame, fear of being fired, Fear of the authoritative Figure, delay in Justice and many Other reasons.

 Sexual Harassment as defined under Landmark Case of  Vishakha v. State of Rajasthan.

 In this case Supreme Court defined Sexual harassment as follows:  

unwelcome acts or behaviour (whether directly or by implication) as

(a) Physical contact and advance;

(b) A demand or request For Sexual Favors

(c) Making sexually coloured remarks;

(d) showing Pornography;

(e) Any other type of Physically, verbally or non-verbally conduct of Sexual nature;

Where any of these things are submitted.

Sexual harassment includes any unwanted or unwelcome behavior of a sexual nature that makes a person feel offended, humiliated, intimidated or  violated.  It often takes place in workplaces, schools, public places, transportation and even online. passing of jokes of sexual nature, passing comments, imposing certain gestures, displaying obscene videos and pictures,  threats through email, letter, text or social media, groping, hugging, kissing, touching a person without their consent.

How Sexual harassment Manifests and how it affects the victims Mentality.

often the power dynamics are involved in cases of sexual harassment where a boss intimidates a employee, where a senior student might harass a junior student, often, the perpetrator has or is about to have Power or authority over victim. Lowing to differences in social, Political, educational or employment relationships as well as in ages.

The perpetrator may be completely unaware that their behaviour is offensive or constitutes sexual harassment. The perpetrator may be completely unaware that their actions could be unlawful to harm an individual.

 • Incidents of harassment can take place in situations in which the targeted person may not be aware of or understand what is happening. 

• Incident may be one-time occurrence; adverse effects on harassed persons include Stress, Social anxiety, loss of confidence, feeling lonely and alone, mental and physical trauma, sleep disorders, impairment in health.

Other forms in which Sexual Harassment may Manifest: -

1. Quid Pro Quo Harassment: This occurs when someone in a of position authority demands sexual favour in order for the victim  to get promotion or recognition at the workplace.

 

2.Hostile Work Environment: The perpetuator creates such environment around the victim that a holistic work environment is created for ex: passing jokes of sexual nature, not letting the employee participate in any activity because the employee is opposing the idea of sexual favours, neglecting them, creating a toxic work environment for the employee.

 Impact of Sexual Harassment on Victims -

Sexual harassment is not only an outside occurrence it leaves lasting internal bruises that
affect victims Physically, emotionally, and socially.

•  Psychological and Emotional Trauma: victims of sexual harassment tend to feel afraid, Shame and guilt. The Constant evasion of their Personal boundaries leave them with low self-esteem and blaming themselves for what occurred, even when they are innocent. over time many end up with anxiety disorders, depression, or post-traumatic stress disorders (PTSD). Day-to-day activities like going to the office or dealing with colleagues can become a very stressful task for them. Some also get Panic attacks in response to recalling the harassment. 

CASE LAW: Vishaka vs. State of Rajasthan (1997) this case was a landmark judgment by the Supreme Court of India that addressed the issue of sexual harassment of women at the workplace. In the absence of a specific law, the Court laid down the Vishaka Guidelines, drawing from international conventions like CEDAW, to protect women's fundamental rights under Articles 14, 15, and 21 of the Constitution. These guidelines mandated preventive measures, internal complaints committees, local complaints committees and POSH training programs. The case led to the enactment of The Sexual Harassment of Women at workplace (prevention, prohibition and redressal) Act of 2013 also known as the POSH Act.

Conclusion:

Sexual Harassment is a pervasive issue that transcends all the boundaries. 1 in 3

women in their lifetime experience Some Sort of Sexual Harassment. It affects the

dignity and Well-being or individuals. Creating a Hostile environment of Fear and

inequality. Sexual harassment is mainly governed in India by Sexual Harassment of

women at workplace (Prevention, prohibition and Redressal) Act, 2013, sexual

harassment doesn't just affect the immediate victim; it imparts them form their family  and 

future aspirations.