Reasonable time must be given for structural audit of building: Mumbai Court
After the inspection, notice was issued to the society for a structural audit.
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In this case, a complaint was filed by a junior engineer of the BMC against a society in Dahisar in 2022. (File Photo)Stating that a cooperative housing society office-bearers must be given a reasonable opportunity to conduct a structural audit when it is suspected to be in a dilapidated condition, a magistrate court, in a recent order, cleared a society from charges of violations.
A case under the Mumbai Municipal Corporation Act can be filed on the complaint of officials of the civic body, the Brihanmumbai Municipal Corporation (BMC), in cases of violations by housing societies. In this case, a complaint was filed by a junior engineer of the BMC against a society in Dahisar in 2022. The complaint said that he had inspected the society and found it to be in a dangerous condition.
After the inspection, notice was issued to the society for a structural audit. As it was not complied with, a complaint was filed.
The junior engineer had said that the building, New Ajanta Ellora, was more than 30 years old and the inspection had shown that it needed immediate repairs. The court observed that a prior notice as required under the Act was not given by the engineer. The court also found other faults in the inspection including that there were no independent witnesses taken as required by law.
“Reasonable opportunity is required to be given to the accused to conduct the structural audit of such a building… Also, there is no evidence given by the complainant that the accused was the secretary of the registered Cooperative Housing Society,” the court said in its order on January 31, made available on Sunday.
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