- (1.) The plaintiff is an individual who seeks specific performance of an unregistered agreement to sell a flat in premises being constructed by defendant no.1.
(2.) The above application was made by a third party who claims to be owner of an adjoining property. The grievance in the application was that certain shuttering material, corroded steel metal sheets and a large crane atop the building are dangerously positioned and a potential hazard to neighboring areas, life and property of persons in the vicinity. Given the weather conditions prevailing on the date of hearing this application, there was a serious apprehension that parts of the structures may collapse, including the crane. The crane is stated to be installed on the top of the building which is a high rise of 30 floors approximately. It was therefore found necessary to instruct the municipal corporation to visit the site and to make a report.
(3.) Upon being so directed, the Corporation has promptly deputed their Executive Engineer (B & F) 'D' Ward who is designated officer has filed a report dated today in which the observations are serious. The Corporation has recommended remedial measures to avoid any hazard. I reproduce these remedial measures below : 1. The loose / displaced barricades and its corroded supporting angles should be removed immediately. 2. The entire crane including its lift and collapsed operator cabin lying on top floor should be removed immediately. 3. The loose / corroded metal material vertical pipes which may fall down should be removed immediately. 4. The debris should be removed from the site to avoid mosquito breeding condition on site. 5. The new barricades and protective netting should be provided around the building under the supervision of Safety Engineer & registered Structural Engineer for the safety of passerby and neighboring buildings. The report has also annexed photographs from which it is evident that the crane is dangerously placed and is corroding. If any of critical elements fail due to weather conditions and/or metal fatigue it could result in the crane tumbling down from 30 floors. The consequences could be disastrous. ;