Section 32 in West Bengal Municipal (Building) Rules, 2007
32. Demolition of unauthorized construction.
(1) The Board of Councillors may order for demolition or alteration of any building, if it is satisfied that the erection of any building(i)has commenced without obtaining the sanction or permission of under the law, or(ii)is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission or order is based or after such sanction or permission has been lawfully withdrawn, or(iii)is being carried on or has been completed in breach of any provision of the Act or these rules or of any condition, modification, direction or requisition lawfully given or made under the Act or under these rules.(2)If any material alteration of, or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision of the Act or these rules or if any alterations required by any notice issued under these rules have not been duly made, the Board of Councillors may, make an order directing that such erection, alteration or addition, as the case may be, or so much thereof as has been executed unlawfully, or if any structure specified in the application or plan or specification as a structure to be demolished or altered before the erection of the new building. has not been demolished or altered, or if any material alterations or additions have been made, such alterations or additions shall,(a)be demolished by the owner thereof or altered by him to the satisfaction of the competent authority, as the case may require; or(b)be demolished or altered by the competent authority at the expense of the said owner;(c)all demolished materials shall be removed by the Municipality at the cost of the owner or to the satisfaction of the Municipality within a maximum period of 30 days from the date of demolition;Provided that prior to carrying out any demolition of any building or part thereof as described in the notice, the owner of the building shall be given a notice stipulating therein the date and time to appear himself or through his authorized representative before the Board of Councillors, who will hear the circumstances under which such deviation unauthorized construction work has been carried out and after hearing record the order of the Board-of-Councillors and the said order shall be communicated to the owner officially.
