Dilapidated Building Policy Procedure -

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Comprehensive Analysis of the Municipal Corporation of Greater Mumbai’s Policy on Declaring Dilapidated Buildings (C-1 Category)

I. Executive Summary

This report provides a concise overview of the Municipal Corporation of Greater Mumbai (MCGM) policy for declaring buildings as C-1 category (dangerous and unsafe), necessitating their evacuation and demolition. It highlights the policy’s dual application to both private and MCGM-owned buildings, its legal foundation rooted in the M.M.C. Act and High Court directives, and the structured, multi-stage procedure designed to ensure public safety while addressing stakeholder rights. Key elements such as structural audits, the role of the Technical Advisory Committee (TAC), and the enforcement mechanisms, including police involvement and utility disconnections, are introduced. The report also touches upon the policy’s provisions for alternate accommodation for eligible occupants and the clear delineation of responsibilities and liabilities.

II. Introduction to the Policy

A. Preamble and Legal Framework

The Municipal Corporation of Greater Mumbai (MCGM) has established a comprehensive policy to address the critical issue of dangerous and dilapidated structures within its jurisdiction. This policy functions as a Standard Operating Procedure (S.O.P), meticulously crafted in accordance with guidelines issued by the Hon’ble High Court in W.P. (L) No. 1135 of 2014 and the Urban Development Department (UDD) of the Government of Maharashtra (GOM) dated November 5, 2015.

The legal foundation of this policy is robust, drawing authority from specific provisions of the Maharashtra Municipal Corporations (M.M.C.) Act. Notably, Section 353(B) of the M.M.C. Act mandates structural audits of buildings, placing the explicit duty on owners and occupiers to conduct such audits and submit reports to the MCGM. Furthermore, Section 354 of the M.M.C. Act empowers the corporation to deal with the removal of dangerous or dilapidated structures, including undertaking necessary repairs or outright demolition of unsafe buildings. Section 354AB reinforces this by assigning responsibility to owners and occupiers for maintaining the exterior of their buildings in good condition.

This policy also acknowledges and builds upon previous guidelines, specifically those issued under No. MGC/A/6006 dated November 7, 2013 / November 23, 2013, concerning the implementation of Section 353(B), structural auditor appointments, and repair procedures for both municipal and private buildings, including notice service under Section 354 and subsequent prosecution actions. Additionally, guidelines under No. MGC/A/8698 dated May 3, 2014, outlining actions for dangerous or dilapidated buildings, are recognized as foundational. The policy’s strong legal grounding, referencing these specific sections of the M.M.C. Act and High Court orders, underscores its enforceability and the serious legal ramifications for non-compliance. The explicit mention of legal statutes indicates that this framework is not merely an administrative guideline but a legally binding directive. This means that actions taken under this policy, such as demolition or prosecution, are backed by law, providing a robust legal basis for MCGM’s authority. For stakeholders, this implies that non-compliance carries significant legal risks beyond simple administrative penalties, potentially leading to court actions, fines, or even imprisonment under the MMC Act. This also suggests that the policy aims to minimize legal challenges by ensuring procedural fairness and adherence to judicial directives.

B. Policy Applicability and Exclusions

This comprehensive policy is specifically designed to govern the declaration of dilapidated buildings within the jurisdiction of the Municipal Corporation of Greater Mumbai. Its applicability is strictly limited to private buildings and properties directly owned by the MCGM.

However, the policy explicitly defines several categories of properties that fall outside its purview. These exclusions include:

MHADA (Maharashtra Housing and Area Development Authority) / MBR&RB (Mumbai Building Repairs and Reconstruction Board) & cess properties.
Buildings belonging to the Central Government.
Buildings belonging to the State Government.
Properties of Government undertakings.
Structures under the jurisdiction of Special Planning Authorities formed under Section 40 of the Maharashtra Regional and Town Planning (MR&TP) Act, 1966.
Properties belonging to statutory bodies such as BPT (Mumbai Port Trust), Defence Department, among others.

For these excluded entities, the policy mandates that they are responsible for devising and implementing their own distinct policies to manage dangerous and dilapidated buildings within their respective jurisdictions. This clear delineation of applicability and exclusions indicates a strategic delegation of responsibility, preventing jurisdictional overlaps and ensuring that specialized authorities manage their own unique property portfolios. By explicitly excluding certain entities, the policy avoids creating a one-size-fits-all approach that might be inefficient or legally problematic for diverse property ownerships. This reflects a recognition that different governmental or semi-governmental bodies have their own specific mandates, resources, and legal frameworks for property management. The implication is that while the core problem of dilapidated buildings is universal, the administrative and legal pathways for resolution are tailored, promoting efficiency and avoiding inter-agency conflicts. This also highlights the complexity of urban governance, where multiple authorities operate within a shared geographical space.

C. Classification of Buildings (Categories C1, C2A, C2B, C3)

The policy establishes a standardized classification system for buildings based on their structural condition, which dictates the subsequent course of action. This system is critical for a nuanced and proportionate response to structural issues.

The following table provides a clear and concise overview of these categories:

Category	Description
C1	Dangerous/Unsafe/Uninhabitable; structures need to be vacated and demolished.
C2A	Partially Unsafe/Dangerous; structures requiring Major structural repairs by partially vacating the dangerous part of the structure.
C2B	Structures requiring Major structural repairs without vacating the structure.
C3	Minor repairs.

This clear categorization system (C1, C2A, C2B, C3) serves as a critical decision-making matrix, streamlining the policy’s application by pre-defining the required intervention level, from immediate demolition to minor repairs. The existence of distinct categories, beyond just “dilapidated,” allows for a nuanced and proportionate response to structural issues. This avoids a blanket approach, ensuring that resources (financial, human, and legal) are allocated appropriately based on the severity of the danger. For instance, C1 triggers immediate and drastic measures, while C3 allows for less disruptive, routine maintenance. This systematic classification enhances efficiency and fairness in policy implementation and helps manage public expectations regarding intervention levels.

III. Procedure for Private Buildings

The policy outlines a detailed, multi-stage procedure for identifying, assessing, and addressing dilapidated private buildings, culminating in their potential demolition if declared C-1 category.

A. Initial Identification and Structural Audit Mandate

The process for private buildings begins with their identification based on specific criteria. All buildings that are more than 30 years old are subject to review by the MCGM. Additionally, buildings less than 30 years old can also be identified if the Assistant Engineer (A.E.) (Building & Factory) and the Ward Executive Engineer receive specific complaints about their dilapidated condition.

Upon identification, if the A.E.(B&F) and Ward Executive Engineer conclude, based on a visual inspection documented as per Proforma-A (Annexure-1), that a building is dilapidated, a formal notice is issued under Section 353(B) of the M.M.C. Act. This notice mandates the owner, occupiers, or tenants of the building to carry out a structural audit. The structural audit must be conducted by a Structural Engineer registered with MCGM or a reputed Engineering Institute, such as IIT, VJTI, or Sardar Patel College of Engineering, with their credentials verified by the concerned user department.

The structural auditor is required to perform specific tests to assess the building’s integrity. These tests may include ultrasonic pulse velocity test, rebound hammer test, half-cell potential test, carbonation depth test, core test, chemical analysis, and cement aggregate ratio analysis. The findings of these tests, along with the overall structural audit report, must be submitted in the prescribed Proforma B (Annexure-2). The age of the building, a key factor in its identification, is determined by the earliest of several dates: the first assessment date, the issuance of a building completion certificate by the corporation, the issuance of permission to occupy a building under Section 353A, the date of physical occupation of at least 50 percent of its built-up area, or the date of water connection. The dual trigger for identification (age and complaints) combined with mandatory visual inspection and specific audit tests reflects a proactive and reactive approach to public safety, ensuring both systematic review and responsive action to immediate concerns. The “30-year age” criterion establishes a systematic, proactive review cycle, ensuring that older buildings, which are statistically more prone to dilapidation, are regularly assessed. Simultaneously, the “specific complaints” mechanism provides a reactive pathway, allowing for immediate intervention for newer buildings or those whose deterioration accelerates unexpectedly. The requirement for a visual inspection (Proforma-A) by municipal engineers before mandating a structural audit acts as a preliminary filter, preventing unnecessary burdens on owners while ensuring that only genuinely suspicious cases proceed to the more intensive and costly structural audit phase. This layered approach balances administrative efficiency with public safety imperatives.

B. Consequences of Non-Submission of Audit Report

The policy enforces strict timelines and severe consequences for non-compliance. If the owner or occupier fails to submit the structural audit report in the prescribed Proforma-B within 30 days from the date of service of the Section 353B notice, prosecution action will be initiated against the offenders under Sections 471/472 of the M.M.C. Act 1888 (as applicable).

Concurrently with the initiation of prosecution, the Ward Executive Engineer will conduct an independent visual inspection of the building. Based on this visual assessment and the building’s condition, the Ward Executive Engineer will categorize the building. The swift imposition of prosecution for non-compliance, coupled with an immediate visual assessment by MCGM, demonstrates the policy’s emphasis on rapid enforcement and the transfer of responsibility to the owner, even in the absence of a formal audit. The 30-day deadline and immediate prosecution for non-submission signal that MCGM views the structural audit as a critical and non-negotiable step in ensuring public safety. The policy doesn’t wait for the audit; it punishes non-compliance. Furthermore, the provision for the Ward Executive Engineer to visually categorize the building in such cases implies that MCGM will proceed with its own assessment and potential C-1 declaration, bypassing the owner’s responsibility, but still holding them liable. This creates a strong incentive for owners to comply promptly, as inaction leads to legal penalties and loss of control over the building’s classification.

C. Handling Conflicting Structural Audit Reports

Upon receipt of a structural audit report, its findings, particularly the assigned category (C1, C2A, C2B, or C3), are communicated to the tenants and occupants. This is done by visibly displaying the findings on the premises, along with instructions for occupants to safeguard the property, such as by propping, as suggested by the Registered Structural Engineer.

Should tenants or occupants object to the findings of the initial audit report, they are afforded the opportunity to appoint their own registered structural engineer. This appointed engineer must then submit a conflicting structural audit report in Proforma-B within 30 days. A 15-day extension may be granted upon a formal request from the tenant, occupier, owner, or their structural engineer. Failure to submit a report within this extended period will result in the processing of the case based on the initial report.

If the owners and/or the occupants submit conflicting structural audit reports regarding the building’s status, the matter is formally referred to the concerned Technical Advisory Committee (T.A.C.) as detailed in Annexure-3. The decision rendered by the T.A.C. is considered final and binding on all parties involved. During the committee meetings, the T.A.C. is mandated to provide a hearing to the concerned structural consultants, ensuring that all expert opinions are considered. To expedite critical safety decisions, T.A.C. meetings are to be conducted without adjournment as far as possible. If an adjournment is genuinely necessary, no more than two adjournments shall be granted. The establishment of the TAC as the final arbiter for conflicting structural reports, coupled with strict meeting protocols, highlights the policy’s commitment to swift, expert-driven dispute resolution, prioritizing safety over prolonged litigation. Conflicting expert opinions can lead to protracted legal battles, delaying crucial safety interventions. The TAC acts as an independent, specialized tribunal designed to cut through such impasses. Its “final and binding” decision power, combined with the strict limit on adjournments, underscores an urgent need for resolution in matters of public safety. This mechanism prevents strategic delays by parties unwilling to accept an unfavorable audit, ensuring that dangerous buildings are addressed without undue procrastination. It also centralizes expert judgment, aiming for a consistent and authoritative interpretation of structural integrity.

D. Declaration of C-1 Category and Demolition Notice

The culmination of the assessment and review process for private buildings is the declaration of a C-1 category status, which triggers immediate and decisive action. The Ward Executive Engineer plays a pivotal role by submitting a detailed report, including their concluding remarks, the structural audit report, an inventory of the building, and supporting photographic and video evidence, to the Deputy Chief Engineer (Building Proposals) (Dy.Ch.E(B.P)) through the Assistant Commissioner (Asstt. Comm.). This submission is made to obtain the necessary sanction to formally declare the building as C-1 category, following the procedures outlined in clauses 1.03, 1.05, and/or 1.07 of the policy.

Once the approval for declaring the building as C-1 category is received, the A.E. (B&F) proceeds to issue a notice under Section 354 of the M.M.C. Act. This notice explicitly directs the pulling down of the building or structure within a strict timeframe of 7 days from the date of its issuance, adhering to due process. To ensure enforcement and facilitate the necessary actions, a copy of this Section 354 notice is concurrently submitted by the A.E.(B&F) to the Senior Inspector of Police of the concerned police station. This intimation is crucial for securing police assistance in evicting the owner, occupiers, or tenants after the 7-day notice period expires. The rapid 7-day notice period for demolition after C-1 declaration, coupled with immediate police intimation, signifies the policy’s high urgency and aggressive stance on removing imminent threats to public safety. A 7-day notice period is extremely short for vacating a property and preparing for demolition. This indicates that once a building is officially declared C-1, it is considered an immediate and severe hazard. The pre-emptive intimation to the police suggests an expectation of resistance and a readiness to use coercive force to ensure compliance, prioritizing public safety above individual occupancy rights in such critical situations. This streamlined process aims to minimize the window of risk associated with dangerously dilapidated structures.

E. Occupant Information Collection and Area Certification

Prior to the issuance of the Section 354 notice for demolition, the A.E.(B&F) is mandated to call upon the owner to submit a written statement within 7 days. This statement, signed by the owner, must detail the names of all occupiers of the building from their records, the area in occupation, and the precise location of the premises occupied by each respective occupier or tenant, along with supporting documents.

The list or statement provided by the owner must then be certified by the Assistant Commissioner, and copies are provided to all tenants, occupiers, and the owner. If the owner fails to furnish this statement within the stipulated period, the A.E.(B&F) and the Ward Executive Engineer of the Ward will undertake the responsibility of compiling a list of the names of the tenants and/or occupiers in the building, including the carpet area of their respective occupation and possession, and the floor at which the same is occupied. A copy of this list is also provided to the tenants, occupiers, and owners.

Detailed records are maintained throughout this process, including the inspection report, inventory report, photographs, and video shooting of the building. For the purpose of area certification:

If approved building plans are available, the area occupied by tenants/occupants is certified as per these approved plans.
If approved plans are not available, the existing area in occupation of the tenants/occupants is certified.
The area certified by the Municipal Officer concerned is deemed final for the policy’s purposes.

Crucially, the policy explicitly states that the area certified by the MCGM engineers does not affect the inter-se rights of the owner or tenants or occupiers, including their right of reoccupation, in any manner. The policy’s dual approach to occupant information collection (owner-provided or MCGM-generated), combined with the certification of area without affecting inter-se rights, demonstrates a pragmatic balance between procedural efficiency for demolition and the preservation of complex property rights. The policy recognizes that owners might be uncooperative or lack accurate tenant records. By allowing MCGM to create its own inventory, it ensures that the demolition process isn’t stalled by lack of information. The most significant aspect is the explicit statement that MCGM’s area certification is “final” for the purpose of the policy, yet it “shall not affect the inter-se rights” of parties. This is a critical legal distinction: MCGM needs an accurate count and layout for demolition and potential rehabilitation planning, but it avoids becoming entangled in private landlord-tenant disputes or property ownership claims, which are typically resolved in civil courts. This allows the safety mandate to proceed while deferring complex property disputes to appropriate legal forums, streamlining the urgent demolition process.

F. Evacuation and Demolition Procedures

Following the expiration of the 7-day notice period as stipulated in clause 1.08, immediate actions are initiated for evacuation and demolition. The first step involves the disconnection of essential utilities, including water supply, electricity, and gas supply, to the declared C-1 building. Simultaneously, measures are taken to safeguard the property, such as providing propping wherever necessary, and the evacuation of the building’s occupants is commenced.

In instances where a person occupying the building refuses to vacate the premises, the A.E. (B.&F.) will formally intimate the Senior Police Inspector of the concerned police station in writing. The police are then authorized to remove such person(s) from the premises, employing such force as may be required. MCGM staff, under the A.E. (B&F), will provide logistic support for the removal of belongings of the owner, occupier, or tenants after they have been removed by the police, ensuring that movables are handled without causing damage.

If the owner, occupier, or tenants fail to comply with the notice requisition under Section 354, further legal action, including prosecution under relevant sections of the M.M.C. Act, will be initiated by the A.E.(B&F). Crucially, any subsequent steps to demolish the notified structure will be undertaken at the sole risk and cost of the owner or occupants. The policy explicitly states that MCGM will not be responsible for providing transit or alternate accommodation in these cases. The escalation of enforcement, from utility disconnection to police intervention and cost recovery from owners, illustrates a robust, multi-faceted strategy to overcome resistance and ensure the swift demolition of dangerous private structures. The sequence of actions—first the notice, then utility cut-offs, then police force, and finally demolition at the owner’s expense—demonstrates a clear escalation matrix designed to compel compliance. The utility disconnections are a practical measure to make continued occupancy untenable and unsafe, while police involvement addresses physical resistance. The critical point of “risk and cost of owner/occupants” and no alternate accommodation for private buildings highlights a punitive approach for non-compliance, shifting the entire financial and safety burden onto the defaulting parties. This reinforces the policy’s primary objective of public safety and minimizes financial liability for the municipal body.

G. Legal Proceedings and Restraining Orders

The policy acknowledges the potential for legal challenges that may arise during the process of declaring and demolishing dilapidated structures. If there are any pending suits, legal proceedings, or restraining orders issued by a Hon’ble Court that impede the corporation’s actions, the MCGM is required to take all necessary steps for vacating and/or modifying such orders. The explicit provision for MCGM to actively address judicial restraining orders underscores the policy’s recognition of potential legal challenges and its readiness to assert its public safety mandate in court. In a legalistic environment, court orders can halt administrative actions. By explicitly stating that MCGM “shall take necessary steps for vacating and/or modifying such orders,” the policy acknowledges this reality and empowers its legal department to proactively counter judicial impediments. This indicates a pre-emptive strategy to ensure that legal challenges do not indefinitely delay the demolition of dangerous structures, reinforcing the paramount importance of public safety over individual claims that might be sub judice.

H. Redevelopment Conditions

The policy extends its influence beyond immediate demolition to encompass future urban development. When granting sanction for redevelopment of a site previously occupied by a C-1 category building, the zonal building proposal department incorporates a specific condition within the Intimation of Disapproval (IOD). This condition stipulates that no Commencement Certificate (C.C) will be issued under Section 45 of the M.R&T.P Act 1966 “unless and until an agreement either providing a permanent alternate accommodation in newly constructed building or a settlement is arrived at by and between the tenants and or/ occupier and the landlord”. The IOD condition linking redevelopment approval to tenant rehabilitation (alternate accommodation or settlement) reveals a sophisticated policy mechanism that leverages redevelopment incentives to ensure social welfare and prevent displacement, even after forced demolition. This provision goes beyond mere demolition; it addresses the social consequences of displacing occupants from private buildings. By making the Commencement Certificate (a crucial approval for construction) contingent upon tenant rehabilitation, the policy creates a powerful incentive for landlords to negotiate fair terms with their tenants. This transforms a potentially contentious forced demolition into an opportunity for structured redevelopment that includes social responsibility, preventing a humanitarian crisis and potential legal backlash from displaced individuals. It’s a long-term strategic move to manage urban renewal responsibly.

IV. Procedure for MCGM Buildings

The policy establishes a distinct, yet parallel, procedure for addressing dilapidated buildings owned by the Municipal Corporation of Greater Mumbai, reflecting its dual role as both regulator and property owner.

A. Initial Identification and Structural Audit

The process for MCGM buildings begins with identification criteria similar to private buildings. All MCGM buildings that are more than 30 years old are subject to inspection. Additionally, buildings of any age can be identified if the concerned department (as per Annexure-4) concludes that they are dilapidated.

Following identification, the concerned staff, as outlined in Annexure-4, will inspect the building and meticulously record their findings in Proforma-A (Annexure-1). This documentation includes photographs and video shooting of the building. Subsequently, the building must be audited by an MCGM empanelled Structural Engineer. The internal enforcement mechanism for MCGM buildings, mirroring the age and complaint-based triggers for private buildings, demonstrates the corporation’s commitment to holding its own assets to the same safety standards it imposes on private entities. The parallel process for identifying dilapidated MCGM buildings (30-year rule, departmental complaints, Proforma-A inspection) indicates that the corporation applies its own safety standards internally. This is crucial for maintaining public trust and demonstrating accountability. It also suggests a systematic approach to managing its vast property portfolio, recognizing that its own buildings, if neglected, pose the same public safety risks as private ones.

B. Structural Audit Report and Verification

The Structural Engineer tasked with auditing an MCGM building is required to conduct the structural audit as specified in Proforma-B (Annexure-2). Following the audit, the engineer submits a detailed report, including the determined category of the building based on the results of the tests carried out.

If the Structural Engineer categorizes the building as C-1, the concerned Engineer (as per Annexure-4) is responsible for verifying these findings on-site. Subsequently, this verifying Engineer submits the consultant’s opinion along with their own findings to the relevant Dy. Ch. Engineer/HOD/AC (as per Annexure-4). It is noteworthy that while the policy mandates a structural audit for MCGM buildings, the document does not explicitly detail the specific tests required or the consequences for failing to submit the report for MCGM buildings, unlike the prescriptive requirements for private buildings. This suggests a potential area of discretion or reliance on internal departmental protocols, contrasting with the more prescriptive requirements for private buildings. This could imply that internal MCGM departments have more flexibility or pre-existing standard practices for their own audits, or it might represent a gap in the policy’s specificity for internal compliance, potentially leading to varied application or less rigorous enforcement compared to private properties. This nuance is important for understanding the policy’s practical implementation.

C. Communication with Occupants and Safeguarding Property

Upon receipt of the structural audit report for an MCGM building, its findings, particularly the assigned category, are communicated to the tenants and occupants. This is achieved by visibly displaying the report on the premises. Simultaneously, immediate actions are taken to safeguard the property, which includes propping the building wherever necessary, as recommended by the Registered Structural Engineer.

D. Handling Conflicting Structural Audit Reports

Similar to private buildings, if tenants or occupants of an MCGM building object to the findings of the initial structural audit report, they are given the opportunity to appoint their own registered structural engineer. This engineer must then submit an alternative structural audit report, adhering to the guidelines of the Technical Advisory Committee (TAC), in Proforma-B within 30 days. A 15-day extension can be granted upon request from the tenant, occupier, or their structural engineer. If no report is submitted within the extended period, the eviction process will be initiated based on the earlier report.

In cases where conflicting structural audit reports are submitted by the occupants or tenants regarding the building’s status, the matter is formally referred to one of the concerned Technical Advisory Committees (TAC) as detailed in Annexure-3. The decision rendered by the TAC is final and binding on all parties concerned. During the meeting, the Technical Advisory Committee is required to provide a hearing to the concerned structural engineer. As a general rule, TAC meetings should not be adjourned if possible. For genuine reasons, a maximum of two adjournments may be granted. The identical TAC process for resolving conflicting reports in both private and MCGM buildings underscores the policy’s commitment to a consistent, expert-driven, and final resolution mechanism for structural disputes, regardless of building ownership. The fact that the TAC’s role, decision-making power, and meeting protocols are the same for both private and municipal buildings demonstrates a standardized approach to resolving technical disagreements. This promotes fairness and predictability across all cases, ensuring that the final determination of a building’s safety category is based on consistent expert review, rather than being influenced by ownership type. This consistency enhances the policy’s credibility and legal robustness.

E. Occupant Information Collection

For Municipal-owned buildings declared as C-1 category, the concerned user department is responsible for compiling a comprehensive list of the tenants and/or occupants residing in the building. This list must detail the area in their respective occupation and possession, including the specific floor.

For rented or rent-free MCGM buildings, the procedure for occupant information collection mirrors that of private buildings. Before issuing a Section 354 notice to pull down a dilapidated structure, the A.E.(B&F) requests the owner to submit a written statement within 7 days. This statement must include the names of the occupiers from the owner’s record, the area in occupation, and the location of the premises, along with supporting documents. This list or statement submitted by the owner is then certified by the Assistant Commissioner, and copies are provided to tenants, occupiers, and the owner.

If the owner fails to furnish the statement within the stipulated period, the A.E.(B&F) and Ward Executive Engineer of the Ward will undertake to create a list of the names of the tenants and/or occupiers, their carpet area, and the floor of their occupation. A copy of this list is provided to the tenants, occupiers, and owners. The inspection report, inventory report, photographs, and video shooting are meticulously kept on record.

Area certification is handled as follows: if approved plans are available, the area of tenants/occupants is certified as per the approved plan. If approved plans are not available, the existing area in occupation of tenants/occupants is certified. The area certified by the Municipal Officer concerned is considered final for the policy’s purposes. Importantly, the policy clarifies that the area certified by the MCGM engineers does not affect the inter-se rights of the owner or tenants or occupiers, including the right of reoccupation, in any manner.

F. Provision of Alternate Accommodation (PAP)

A significant distinction in the procedure for MCGM buildings is the explicit responsibility of the corporation to provide alternate accommodation to eligible tenants and occupants. The concerned user department is mandated to take steps to provide alternate accommodation to all eligible tenants/occupants of the building by obtaining sanction from the concerned Additional Municipal Commissioner.

The Assistant Commissioner (Estate) is responsible for providing residential Project Affected Persons (PAP) accommodation, while the Assistant Commissioner (Market) provides non-Residential PAP accommodation. In the specific case of staff quarters, the policy clarifies that these will be considered alternate staff quarters and not PAP accommodation. The explicit mandate for MCGM to provide alternate accommodation for its own tenants, in contrast to private buildings where it’s a redevelopment condition for owners, highlights MCGM’s direct social responsibility as a landlord and its commitment to minimizing displacement for its own residents. This is a crucial distinction between the procedures for private and MCGM buildings. For private buildings, the onus of rehabilitation is placed on the owner during redevelopment. For MCGM buildings, the corporation itself directly assumes the responsibility for providing alternate accommodation. This reflects MCGM’s role not just as a regulatory body but also as a direct provider of housing and services. It implies a social welfare aspect to the policy when dealing with its own properties, recognizing the direct impact on its employees and municipal tenants. This also suggests that the policy aims to avoid creating homelessness or undue hardship for those directly under its tenancy.

G. Evacuation and Demolition Procedures

Upon official declaration of a building as C-1 category, the same is communicated to tenants and occupants by serving a letter of evacuation to every occupant. This letter instructs them to vacate the building along with their belongings within a period of 7 days and move to the allocated accommodation or PAP.

Immediately after this 7-day period, if the building is declared C-1, an eviction order is served, alternate accommodation is provided, and an occupant still refuses to vacate the premises, specific actions are taken:

For MCGM Employee Occupiers: A full-fledged departmental inquiry for gross negligence of legitimate orders, misconduct, and/or endangering life and property of self and others is initiated. The employee is suspended from Municipal service pending the outcome of the inquiry.
For Municipal Tenant Occupiers: Their tenancy agreement or license with MCGM is terminated, and they are summarily evicted.

Concurrently, action is initiated to disconnect water supply, electricity, and gas supply to the building. The property is simultaneously safeguarded by providing propping as recommended by the structural engineer. If a person occupying the building still refuses to vacate, the concerned staff will intimate the Senior Police Inspector of the relevant police station. The police will then remove such person(s) from the premises using necessary force. MCGM staff will provide logistic support for removing the belongings of the owner/occupier/tenants after they are removed by the police, ensuring movables are not damaged. The concerned staff is then responsible for pursuing the matter to ensure the building is evacuated and to initiate demolition action. The specific disciplinary actions for MCGM employees and tenants who refuse to vacate, distinct from the prosecution for private owners, reveals an internal accountability framework that leverages employment and tenancy agreements to enforce compliance within the municipal ecosystem. While private owners face general prosecution under the MMC Act, MCGM tenants and employees face specific internal disciplinary measures (suspension, termination of tenancy). This indicates that MCGM has additional levers of control over its own occupants, beyond general municipal law. This internal enforcement mechanism is likely more swift and direct, reflecting the employer-employee or landlord-tenant relationship, and aims to ensure compliance without necessarily resorting to external legal processes first. It highlights a layered system of enforcement tailored to the relationship between the corporation and the occupant.

H. Legal Proceedings

Similar to private buildings, if there are any pending suits, legal proceedings, or restraining orders passed by any court that might hinder the process, the corporation is obligated to take necessary steps for vacating and/or modifying such orders.

V. General Provisions Applicable to All Buildings

The policy includes several overarching provisions that apply uniformly to both private and MCGM-owned buildings, ensuring consistency and adaptability in its implementation.

A. Exemption for Imminent Danger

In exceptional circumstances, where a building or a part thereof is in imminent danger and in a highly distressed state, necessitating immediate evacuation, the standard process for declaring it as C-1 category can be exempted or dispensed with. This critical flexibility allows for rapid response in extreme emergencies. However, such a decision is not taken lightly and must be supported by prior sanction from an officer equivalent to the Zonal Dy. Municipal Commissioner or above. The “imminent danger” exemption clause provides critical flexibility, allowing MCGM to bypass standard bureaucratic procedures in extreme emergencies, underscoring the paramount importance of immediate public safety over procedural formality. Standard procedures, while ensuring due process, can be time-consuming. In situations where a building is on the verge of collapse, waiting for full compliance with the C-1 declaration process (audits, objections, TAC, etc.) could lead to catastrophic loss of life. This exemption, requiring high-level approval, allows for rapid, decisive action in genuine emergencies. It reflects a pragmatic recognition that public safety sometimes necessitates a departure from routine, demonstrating the policy’s adaptive capacity to unforeseen, critical circumstances.

B. Public Transparency

To foster transparency and public awareness, the Assistant Commissioner (RE)-City is responsible for publishing and quarterly updating the list of dangerous/C-1 category buildings/structures on the official MCGM website. The mandate for quarterly public disclosure of C-1 buildings enhances transparency and public awareness, serving as a deterrent for non-compliance and empowering citizens with critical safety information. Publicizing the list of dangerous buildings serves multiple purposes. Firstly, it acts as a public safety warning, informing residents and the general public about hazardous structures. Secondly, it creates public pressure on owners of private buildings to comply, as their property’s status becomes publicly known. Thirdly, it fosters accountability within MCGM by making the progress (or lack thereof) in addressing dangerous buildings visible to the public. This transparency builds trust and encourages proactive engagement from all stakeholders.

C. Departmental Standard Operating Procedures (SOPs)

A forward-looking provision of the policy requires every user department of MCGM to prepare its own Standard Operating Procedure (SOP) for the upkeep and repairs of its properties. These departmental SOPs must be developed within six months from the issuance of this policy and require formal approval from the concerned Additional Municipal Commissioner. The requirement for individual MCGM departments to develop their own SOPs for property upkeep signifies a shift towards decentralized responsibility and proactive maintenance within the corporation, aiming to prevent buildings from reaching a dilapidated state in the first place. Instead of a purely reactive approach to dilapidation, this provision pushes for proactive maintenance. By mandating each department to create its own SOPs for upkeep and repairs, the policy aims to embed a culture of continuous maintenance within MCGM’s various units. This suggests a long-term vision to reduce the number of buildings that deteriorate to C-1 status, thereby lessening the burden of forced demolitions and ensuring the longevity and safety of municipal assets. It decentralizes accountability for property management, making each department responsible for its own infrastructure.

VI. Key Stakeholders, Responsibilities, and Liabilities

The successful implementation of this policy hinges on the clear delineation of roles, responsibilities, and liabilities among various municipal departments, structural engineers, and property owners/occupiers/tenants.

A. Roles of Municipal Departments and Officers

Assistant Engineer (Building & Factory) (A.E.(B&F)): This officer is central to the enforcement process. Responsibilities include initiating notices under Section 353B (for structural audit) and Section 354 (for demolition), coordinating with the police for eviction, managing utility disconnections, and initiating prosecution actions against non-compliant parties.
Ward Executive Engineer: This role involves conducting initial visual inspections of buildings, categorizing them based on their condition, and submitting detailed reports to higher authorities for the sanction to declare a building as C-1 category.
Deputy Chief Engineer (Building Proposals) (Dy.Ch.E.(B.P.)) / Head of Department (HOD) / Assistant Commissioner (AC): These senior officials are responsible for reviewing and approving the declaration of buildings as C-1 category and overseeing the overall process within their respective jurisdictions.
Assistant Commissioner: This officer plays a crucial role in certifying occupant lists, ensuring the accuracy of records regarding tenants and their occupied areas, and overseeing various departmental functions related to the policy’s implementation.
Police: The police department’s role is to provide necessary force for eviction actions upon formal request from MCGM, ensuring the safe removal of occupants from dangerous structures.
Concerned User Department (for MCGM buildings): For buildings owned by MCGM, the respective user department is responsible for initiating inspections, ensuring that structural audits are carried out, preparing accurate lists of occupants, and arranging for alternate accommodation for eligible tenants.
Assistant Commissioner (RE)-City: This officer is specifically tasked with enhancing public transparency by publishing and quarterly updating the official list of dangerous/C-1 category buildings and structures on the MCGM website.

B. Role of Structural Engineers

Structural engineers play a critical role in the technical assessment of buildings under this policy. They must be registered with MCGM or a reputed Engineering Institute (e.g., IIT, VJTI, Sardar Patel College of Engineering). Their primary responsibility is to conduct thorough structural audits, including specific tests such as ultrasonic pulse velocity, rebound hammer, half-cell potential, carbonation depth, core tests, chemical analysis, and cement aggregate ratio, and to submit detailed reports in the prescribed Proforma-B.

The policy imposes severe consequences for professional negligence on the part of structural engineers. In the event of a mishap, such as the collapse of a building or a major part thereof, occurring within the validity period of an audit report, if professional negligence is proven (e.g., if the engineer provided a contradictory report suggesting the building was repairable and habitable when it was, in fact, unsafe), the structural engineer shall be deregistered by MCGM. Furthermore, suitable legal action against the structural consultant may also be initiated. The severe consequences for professional negligence by structural engineers (deregistration and legal action) establish a high standard of accountability and act as a strong deterrent against fraudulent or incompetent audits, reinforcing the integrity of the structural assessment process. The policy places immense reliance on the structural audit report for critical decisions like demolition. Therefore, ensuring the integrity and accuracy of these reports is paramount. By imposing severe penalties (deregistration, legal action) on engineers whose negligent reports lead to mishaps, the policy aims to instill a high degree of professional responsibility. This protects the public from potentially disastrous consequences of flawed assessments and maintains the credibility of the entire C-1 declaration process.

C. Responsibilities and Liabilities of Owners/Occupiers/Tenants

Owners, occupiers, and tenants bear significant responsibilities and liabilities under this policy, particularly concerning compliance and potential mishaps. They are primarily obligated to comply with all notices issued by MCGM, including mandates to carry out structural audits (under Section 353B) and notices to pull down structures (under Section 354).

Consequences of Non-Compliance:

For Private Buildings: Failure to submit a structural audit report can lead to prosecution under the M.M.C. Act. If owners/occupiers/tenants fail to comply with a Section 354 demolition notice, further steps to demolish the structure will be initiated at their own risk and cost. Importantly, MCGM will not be responsible for providing transit or alternate accommodation in such cases.
For MCGM Buildings (applicable to Municipal employees/tenants): If an MCGM employee occupying a municipal building refuses to vacate after a C-1 declaration, a full-fledged departmental inquiry for gross negligence and misconduct will be initiated, potentially leading to suspension. If a municipal tenant refuses to vacate, their tenancy agreement or license with MCGM will be terminated, and they will be summarily evicted.

Liability for Mishaps: The policy clearly defines who bears responsibility for any mishaps that occur during the process, particularly in cases of non-compliance or objection:

Building Type	Circumstance of Mishap	Responsible Party	Consequences
Private Buildings	Mishap occurs while following procedure between Clause 1.02 to 1.13 (e.g., during audit process, notice period, or pre-demolition phase)	Owner/Occupants	Entirely responsible; must face legal consequences arising from the mishap. MCGM or its officers will not be held responsible.
MCGM Buildings	Tenant/Occupant raises objection to structural audit report findings, and mishap occurs between steps 2.05 to 2.15 (e.g., during TAC referral, before evacuation)	Occupants/Tenants	Entirely responsible; must face departmental and/or legal consequences. MCGM or its officers will not be held responsible.
MCGM Buildings	Tenant/Occupant does not object but refuses to vacate premises, and mishap occurs between steps 2.10 to 2.15 (e.g., after evacuation letter, during utility disconnection, or police involvement)	Occupants/Tenants	Entirely responsible; must face departmental and/or legal consequences. MCGM or its officers will not be held responsible.

A table explicitly outlining the liability for mishaps is crucial for legal clarity. It highlights the significant risks individuals face if they fail to comply with the policy’s directives. By categorizing liability based on building type and specific non-compliance actions, it provides a precise understanding of legal exposure, which is vital for legal professionals and property owners to assess their risks and ensure compliance.

VII. Technical Advisory Committee (TAC) Structure

The Technical Advisory Committee (TAC) serves as a crucial expert body for resolving disputes related to structural assessments. Its composition varies depending on the type and location of the building, ensuring specialized expertise is brought to bear on each case.

A. Composition of TACs

1. Committee for Private Buildings in City Area:

Chairman: Dy.Ch.E. (B.P.) W.S.- I
Member Secretary: Ward Executive Engineer (Concerned ward)
Member: E.E. (B.P.) City
Member: A.L.O. (Concerned ward)

2. Committee for Private Buildings in Western Area (Z-I):

Chairman: Dy.Ch.E.(B.P.) E.S.
Member Secretary: Ward Executive Engineer (Concerned ward)
Member: E.E. (B.P.) WS -I
Member: A.L.O. (Concerned ward)

3. Committee for Private Buildings in Western Area (Z-II):

Chairman: Dy.Ch.E.(B.P.) City
Member Secretary: Ward Executive Engineer (Concerned ward)
Member: E.E. (B.P.) WS -II
Member: A.L.O. (Concerned ward)

4. Committee for Private Buildings in Eastern Area:

Chairman: Dy.Ch.E.(B.P.) W.S. II
Member Secretary: Ward Executive Engineer (Concerned ward)
Member: E.E. (B.P.) ES
Member: A.L.O. (Concerned ward)

5. Committee for Municipal Properties (Hospitals/Dispensaries/Cemeteries/School/Estate/Market):

Chairman: Dy.Ch.E. (specific details refer to Annexure – 5 of the policy)
Member Secretary: A.E. or Executive Engineer of User Department
Member: Concerned E.E. (B.M.) / B.C. / S.I.C. / H.I.C.
Member: Dy.C.A. of User Department
Member: A.L.O. (Concerned ward)

The varying composition of TACs based on building type and location reflects specialized expertise. This structured approach ensures that the committee reviewing a case possesses the most relevant knowledge and experience for that specific type of property and its geographical context. This enhances the credibility and effectiveness of the TAC’s decisions.

VIII. Conclusion

The Municipal Corporation of Greater Mumbai’s policy on declaring dilapidated buildings as C-1 category is a comprehensive and multi-faceted regulatory framework designed to address critical public safety concerns within its jurisdiction. Rooted firmly in the M.M.C. Act and guided by High Court directives, the policy establishes clear, step-by-step procedures for both private and MCGM-owned buildings, demonstrating a consistent commitment to structural integrity across all property types under its purview.

The policy’s strength lies in its systematic approach, from initial identification triggers (age and complaints) and mandatory structural audits to the detailed processes for handling conflicting expert reports through the Technical Advisory Committee. The emphasis on strict timelines, coupled with significant consequences for non-compliance—ranging from prosecution and financial liability for private owners to internal disciplinary actions for municipal employees and tenants—underscores the urgency and seriousness with which MCGM approaches the issue of dangerous structures.

Furthermore, the policy balances its enforcement mandate with social considerations. For private buildings, the linkage of redevelopment approval to tenant rehabilitation ensures that urban renewal does not lead to displacement without alternative arrangements. For MCGM-owned properties, the corporation assumes direct responsibility for providing alternate accommodation, highlighting its role as a socially responsible landlord. The inclusion of provisions for immediate action in cases of imminent danger and the commitment to public transparency through quarterly disclosure of C-1 buildings further reinforce the policy’s adaptability and accountability.

Overall, the policy represents a robust legal and administrative instrument aimed at safeguarding lives and property by ensuring the timely identification, assessment, and demolition of dangerously dilapidated buildings, while also navigating the complex interplay of property rights, social welfare, and urban development.