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State of West Bengal - Section

Section 59 in New Town, Kolkata Development Authority Act, 2007

59. New private street.

(1)Every person intending to lay out or make a new street within the area of New Town, Kolkata, shall give notice thereof in writing to the Chairman and shall furnish along with such notice plans and sections showing-
(a)the intended level, direction and width of the street;
(b)the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street;
(c)the position of any public street or streets to which the new street may have an access;
(d)the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining or lighting of the street; and
(e)such other particulars as may be required by regulations, if any, made in this behalf.
(2)Within sixty days of receipt by the Chairman of the information and documents hereinafter specified or, if any further information or documents have been called for, within sixty days of the receipt of such further information or documents, the Development Authority may either-
(a)sanction the laying out or making of the new street, subject to such modifications or 'conditions as he may think fit; or
(b)disallow it for reasons which shall be communicated to the applicant in writing.
(3)If the Development Authority fails to issue any order under sub-section (2) within the specified period, the person giving notice shall be entitled to lay out and make the proposed street in such manner as may have been specified in the notice under sub-section(1)and in a manner not inconsistent with any provision of this Act or any rules or regulations for the time being in force.
(4)If any person, who is entitled to proceed with any work under sub-section (2) or sub-section (3), fails to carry out such work within one year from the date on which he becomes so entitled; his right to proceed with such work shall lapse.
(5)If any person lays out or makes a new street in contravention of the provisions of this section, the Chairman shall forthwith cause the work to be stopped and may execute his order for such stoppage with the help of the police.
(6)Whoever lays out or makes any such street in any manner contrary to the provisions of this Act or of any rules or regulations made thereunder or violates any order for stoppage of works under sub-section (5) shall, on conviction, be punished With imprisonment for six months or with fine which may extend to five thousand rupees or with both, and the Chairman may cause any street so laid out or made to be altered and any building constructed on such street to be altered or removed and expenses thereby incurred shall be paid to the, Development Authority by the offender, and shall be recoverable as an arrear of land-revenue.