Section 348 of The Delhi Municipal Corporation Act, 1957
- (1)If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom.
- (2)The Commissioner may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail wherever practicable to serve as a foot-way for passengers outside of such hoard or fence.
- (3)If it appears to the Commissioner that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger.
- (4)If the owner or occupier of the building does not comply with the order within the period specified therein, the Commissioner shall take such steps in relation to the building as to prevent all cause of danger therefrom.
- (5)All expenses incurred by the Commissioner in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this Act.
Summary
- This section gives the municipal Commissioner power to deal with buildings that are ruined, likely to collapse, or dangerous to people.
- The Commissioner can order the owner or occupier in writing to demolish, secure, or repair the dangerous structure.
- The Commissioner can also order the owner to put up a fence or protective board to keep people passing by safe.
- If the danger is extreme and immediate, the Commissioner can take action to fence off, secure, or demolish the building before even issuing an order.
- If the owner ignores the order to fix or remove the building within the given time, the Commissioner will do the work and charge the costs to the owner as a tax debt.
Practical examples
FAQ
1. What can the Commissioner order if a building is dangerous under Section 348 of the Delhi Municipal Corporation Act 1957?
Under Section 348 of the Delhi Municipal Corporation Act 1957, the Commissioner can order the owner or occupier to demolish, secure, or repair the building to prevent any danger.
2. Can the municipality take immediate action without a notice under Section 348 of the DMC Act?
Yes. Section 348 of the Delhi Municipal Corporation Act 1957 allows the Commissioner to fence off, demolish, secure, or repair a building immediately if the danger from it falling is imminent.
3. What happens if an owner ignores a repair order under Section 348 of the municipal law?
According to Section 348 of the Delhi Municipal Corporation Act 1957, the Commissioner will take the necessary steps to remove the danger and will recover all expenses from the owner as an arrear of tax.
Test yourself
Q1.What action can the Commissioner demand from an owner of a ruinous building under Section 348 of the Delhi Municipal Corporation Act 1957?
Q2.Under Section 348 of the Delhi Municipal Corporation Act 1957, what can the Commissioner require to protect pedestrians outside a dangerous building?
Q3.If a building is in imminent danger of falling, what special power does Section 348 of the Delhi Municipal Corporation Act 1957 give the Commissioner?
Q4.How are expenses recovered if the Commissioner repairs a dangerous building under Section 348 of the Delhi Municipal Corporation Act 1957?