Section 16 in New Town Kolkata Planning Area (Building) Rules, 2014
16. Deviations during erection of building.
(1)No deviation from the sanction shall be made while erecting building;(2)Notwithstanding anything contained in Sub-Rule- (1),-(a)if during execution of work with regard to erection of building, any internal alteration within the sanctioned covered space which does not violate the provisions of the these rules made under the Act, is intended to be made, the applicant shall inform the Sanctioning Authority by notice in writing along with a certificate from the Architect and the Civil Engineer or Structural Engineer, together with drawings incorporating the deviations and structural drawings and calculations in case of structural deviations, stating the nature and purpose of such deviations at least fifteen days prior to carrying out such work, and may proceed with the execution of such work subject to the condition that such deviations shall be incorporated in the "Completion Plan" which shall be submitted alongwith form of Notice of Completion as per Schedule-X under Sub-Rule-(2) of Rule- 17;(b)if during execution of work with regard to erection of building any external deviation beyond the sanctioned covered space is intended to be made and which does not violate the provisions of these rules made under the Act, the applicant shall prior to carrying out such works, submit to the Sanctioning Authority, in accordance with the provisions of these rules, a notice in writing along with a certificate from the Architect and the Civil Engineer or the Structural Engineer together with the drawings incorporating the deviations and structural drawings and calculations. The application will be forwarded to the New Town Kolkata Development Authority and after payment of requisite fees at the rate of-(i)Rs. 500/- (Rupees Five hundred) per Square meters for residential, institutional and educational use, of such external deviation beyond the sanctioned covered space, charged by the New Town Kolkata Development Authority, the applicant may carry out the work incorporating such external deviations(ii)Rs. 1000/- (Rupees One thousand) per square meters for other use, of such external deviation beyond the sanctioned covered space, charged by the New Town Kolkata Development Authority, the applicant may carry out the work incorporating such external deviations.(c)if total sanctioned building is intended to be shifted as a whole within the periphery of the boundary keeping mandatory open space within the rule, this can be permitted with prior notice to the authority with revised plan. After serving such notice the owners may be allowed to proceed with the work unless there is any objection from the end of the authority within 15 days.(3)If no notice is served under clause (a) of Sub-Rule- (2) above, or execution of any work is undertaken without the sanction referred to in clause (b) of Sub-Rule- (2) above, and the Sanctioning Authority is satisfied that -(a)the erection of any building -(i)has been commenced without obtaining sanction or permission from Sanctioning Authority.(ii)is being carried on or has been completed otherwise than in accordance with the sanction accorded, or the permission granted under these rules made under the Act, or after such sanction or permission has been lawfully withdrawn, or(iii)is being carried on, or has been completed in contravention of any provision of the rules, or(b)any building or projection exists in violation of any condition, direction or requisition under any provision of these rules, or(c)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 these rules,it, may, after giving the owner of the building a reasonable opportunity of being heard, make an order directing that such erection, alteration, addition or projection, as the case may be, or so much thereof as has been executed unlawfully, may be demolished or altered, and upon such order, it shall be the duty of the owner to cause such demolition or alteration to the satisfaction of the Sanctioning Authority at the expense of the owner/applicant.(4)The procedure relating to the opportunity of hearing to be given to the owner under Sub-Rule- (3) shall be such as may be prescribed.(5)an appeal against an order under Sub-Rule- (3) shall lie with the court having jurisdiction.(6)notwithstanding anything contained in the foregoing provisions of this rule or elsewhere in this Chapter, if the Sanctioning Authority is of opinion that immediate action is necessary in respect of any building being constructed or any work being carried on, in contravention of the provisions of this rule, it may for reasons to be recorded in writing cause such building or work to be demolished forthwith.
