Important duty of the landlord under the Mumbai Municipal Corporation Act, 1888 and the DCR

It is important to note that when a building is in a dilapidated condition or is classified “dangerous” by the structural auditors, it becomes the duty of the landlord to fix it and make it fit for human habitation.

When a building is in a dilapidated condition, or is classified “dangerous” by the structural auditors or the Commissioner’s office u/s 354A of the Mumbai Municipal Corporation Act, 1888, the Commissioner is empowered to issue a notice requiring the owner or the occupier of such structure, which is in a ruinous condition, or which is likely to fall, or collapse, to secure or repair such structure and prevent all cause of danger.

Thus, it can be safely inferred that even if it is a building which is nearing dilapidation, having outlived its natural age, the authority will identify the structure/ building as “dangerous” and sufficient steps will be carried to ensure its redevelopment or repairs, depending on the damage.

Section 3 (4) of the Developmental Control Regulations, 1991, states:

Reconstruction: The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Corporation or the Bombay Housing and Area Development Board and for which the necessary certificate has been given by either the said Corporation or the Board shall be allowed subject to the regulations in Appendix II.

Appendix II of the DCR states:

3. The new building may be permitted to be reconstructed in pursuance of an agreement to be executed on stamp paper by at least 70 per cent of the landlord/ occupants (if any) in the original building, within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and such agreement shall make a provision for accommodation for the said landlord/ all occupants in the new building on agreed terms and a copy of such agreement shall be deposited with the Corporation before commencement or undertaking reconstruction of the new building.

7. The landlord/ occupants of the original buildings shall furnish a duly stamped undertaking that he/ they shall allot to all the occupants in the original building accommodation in the new building in accordance with Regulation 3 in this Appendix.

The law of the land is that whenever a landlord puts up a new construction in the place of the old construction- on his own accord or on the notice issued by the Commissioner u/s 354A of the Mumbai Municipal Corporation Act, 1888- and if the tenancy of the tenant has not been ended, the tenant has a right to claim the tenancy in the newly constructed building in respect of the portion which is at about the same site as the tenement in the destroyed house.

That means that right of the lessee in the leased property subsists even if the leased properly has been destroyed by fire, tempest or flood or violence of an army or of a mob or other irresistible force unless the lessee exercises his option that on happening of such events the lease has been rendered void.

It is important to note that the law has empowered the lessee to terminate the contract of tenancy, if the building is completely destroyed or is rendered unfit for habitation. However, the law also says that if the collapse of the building was brought about by the wrongful act of the lessee himself, then he won’t be allowed to claim his right of tenancy. Please refer this article as well, for further reading and clarification.