#dangerous building

The Uttarakhand High Court has ruled that superficial fixes such as repainting or patching walls do not negate the statutory obligation to demolish a structurally unsound century-old building under Section 331(1) of the UMCA, 1959. This sets a critical precedent for municipal authorities and property owners: safety trumps aesthetics, and heritage status does not exempt dangerous structures from enforcement.

The Bombay High Court ruled that even when a co-operative society seeks to vacate a dilapidated building for redevelopment, due process must be followed to evict a holdout member. The court mandated municipal authorities to enforce evacuation after 13 of 14 members had left, affirming that public safety overrides individual resistance - but only if legal procedures are strictly observed. This sets a critical precedent for housing societies balancing redevelopment goals with constitutional rights to fair hearing and property.