"Before parting, we observe that, if an application is made by the landlord or the landlady for seeking action, as contemplated by Section 331 of the Act, the Municipal Commissioner shall constitute a Committee consisting of an architect and the Executive Engineer concerned which shall verify the correctness of the statement made by the landlord or the landlady in their application seeking action under this provision and shall act on the same only after receiving a report from the said Committee. Whenever a notice is issued to the occupiers under Section 331 of the Act, the concerned authority shall also serve a copy of the report along with the notice before taking any further action under the said provision. We are of the considered view that these safeguards are necessary in order to ensure that the provisions of section 331 are not misused. We are further of the view that the procedure formulated hereinabove must bind and be replicated in all Municipal Corporations and bodies constituted under the U.P. Municipal Corporations Act, 1959 throughout the State. We accordingly direct Mrs. Subhash Rathi the learned Standing Counsel to cause a copy of this order to be placed before the Principal Secretary Nagar Vikas Government of Uttar Pradesh for issuance of appropriate circulars/directives to all municipal bodies ensuring that the above procedure is duly complied and followed in proceedings under Section 331 of the Act."
