Section 400 in Kolkata Municipal Corporation Act, 1980
400. Order of demolition and stoppage of buildings and works in certain cases and appeal.
(1)Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed without ore contrary to the sanction referred to in section 396 or in contravention of any of the provisions of this Act, or the rules and regulation made thereunder, the Municipal Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work has been commenced or is being carried on or has been completed or within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to such person, as may be specified in the order:Provided that no order of demolition shall be made unless person has been given, by means of a notice served in such manner as the Municipal Commissioner may think fit, a reasonable opportunity of showing cause why such order shall not be made :Provided further that where the erection or the execution has not been completed, the Municipal Commissioner may by the same order or by as separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct such person to stop the erection or the execution until the expiry of the period within an appeal against the order of demolition, if made, may be preferred under subsection (3).Explanation.- In this chapter, "the person at whose instance" shall mean the owner, occupier or any other person who causes the erection to any building or execution of any work to be done, including alternations or additions if any, or does it by himself.(2)The Municipal commissioner may make an order under sub-section (1) notwithstanding the fact that the assessment of such building has been made for the levy of the [Property tax] [Substituted by section 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001, for the words consolidated rate.](3)Any person aggrieved by an order of the Municipal Commissioner made under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under Section 415.(4)Where an appeal is preferred under Sub-section (3) against an order made under sub-section (1), the Municipal Building Tribunal may stay the enforcement of the order on such terms, if any and for such period, as it may think fit:Provide that where the erection of any building or the execution of any work has not been completed at the time of the order made under sub-section (1), no order staying the enforcement of the order made under that subsection shall be made by the Municipal Building Tribunal unless a surety, sufficient in the opinion of the said Tribunal, has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.(5)Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Municipal Commissioner to restrain him from taking any action or making any order in pursuance of the provision of this section.(6)Every order made by the Municipal Banking Tribunal on appeal and subject to such order, the order made by the Municipal Commissioner under subsection (1) shall be final and conclusive.(7)where no appeal has been preferred against an order made by the Municipal Commissioner under Subsection (1) or where an order under that subsection has been confirmed on, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be within the period, if any fixed by the Municipal Building Tribunal on appeal, and on the failure of such person to comply with the order within such period, the Municipal Commissioner may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable form such person as an arrear of tax under this Act.(8)Notwithstanding anything contained in this Chapter, if the Mayor-in-Council is of the opinion that immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may, for reasons to be recorded in writing cause such building or work to be demolished forthwith.
