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VIII.—If the Commissioner shall be of opinion that any water-connection inside
any building is, or is likely to be, detrimental to the health of persons residing therein
or in the neighbourhood thereof, he may, after causing a stand-pipe or other sufficient
means for the supply of water to be provided outside such building, cause the water-
connection with the interior of such building to be cut off.
IX.—If in the opinion of the Commissioner any building (not being a but or
shed) which has been vacated, or which has been dealt with under any of the provisions
of this notification, cannot be adapted to the sanitary requirements of a dwelling, or
ia otherwise permanently unfit for human habitation, or if its existence is a source of
danger, the Commissioner may demolish the same or any part thereof.
Prior to any such building being demolished, the Commissioner shall cause the
same, or such part thereof as he may think necessary to demolish, to be surveyed, and
its value at the time to be assessed by such person as Government may, by name or by
virtue of office, appoint for that purpose, and shall by written notice affixed on some
conspicuous part of such building intimate the date (not. being less than seven days
from the date of such notice) and the hour at which the building will be surveyed and
assessed as aforesaid, and the work of demolition shall not be commenced until the building
or portion thereof has been surveyed and the value so assessed. The valuation of such
building by such officer shall be final and conclusive and the owner shall be entitled to
receive the amount thereof which shall be provided out of the Municipal Fund, but he
shall not be entitled to receive any further or other sum by way of compensation.
Subject to the powers of the Municipal Commissioner under Sections 297, 298
and 299 of the Municipal Act aforesaid, to acquire any portion of the site for the
widening or improvement of any street, any such demolition as aforesaid shall not
affect the ownership of the land, nor shall it confer on any Fazindar or other superior
owner any right which he would not have had, if such demolition had not taken place,
in regard to resuming possession or otherwise.
The materials of any building or part of a building demolished as aforesaid shall
be the property of the Municipality and shall be removed and disposed of, or, if
necessary, destroyed by the Commissioner.
In assessing the value of any building regard shall be had only to the then actual
market value of the structure, and no allowance shall be made, nor shall any compen-
sation be paid, for compulsory demolition or otherwise.
X.—The provisions of this notification are not intended to, and shall not, operate
to limit in any way any powers which the Commissiouer may possess independently of
the powers hereby conferred."
11. The Commissioner of Police was on the following day directed to give
the Municipal Commissioner the assistance of the police in carrying out such
measures as he might consider necessary in the exercise of his powers under this
notification, and on the 18th February Mr. J. Pollen, I.C.S., Collector of Land
Revenue and Customs, Bombay, was appointed to make valuations of buildings
as prescribed by Rule 9 of the rules. Mr. P. Reynolds, Superintending Engineer
was appointed to assist him.
12. By the middle of the month of February all necessary powers had,
been given to the Municipal Commissioner. Every effort had also been made to
supply him with the staff required to carry them into effect, but nevertheless
the staff for house-to-house visitation with a view to the discovery of the sick, &c.,
was entirely inadequate, and Government therefore resolved on making an at-
tempt to secure volunteers for the work. The following notice appeared in the
Press on the 16th February :
"His Excellency the Governor desires to meet the Justices of the Peace for the Town
and Island of Bombay on Tuesday the 23rd instant at the Town Hall at four o'clock."
13. The Justices occupy an important place in the municipal constitution,
having the right of electing 16 members of the Corporation. Representing as
they do the leading communities in the city and occupying a position which
implied the confidence of Government, it was to the Justices that Government
turned for assistance as soon as it became clear that no official agency, however
powerful and however considerate in its use of power, was able to overcome
the prejudices of the masses of the native population and the passive resistance
which they offered to all the measures designed for their good.
14. In a speech to them on February 23rd His Excellency said that looking
to the history of the Justices, of the Peace, and also to the personnel of which that
body was then composed, Government had a special right to appeal to them for