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State of West Bengal - Section

Section 48 in New Town, Kolkata Development Authority Act, 2007

48. Restriction on erection of, or addition to, buildings or walls within street alignment or buildings or walls within street alignment or building line.

(1)No portion of any building or boundary wall shall be erected or added to within such Street alignment as the Development Authority may determine by regulation under section 47:Provided that the Development Authority may, at its discretion, permit additions to a building to be made within a street alignment, if such additions merely add to, the height of, and rest upon; an existing building or upon the owner, of the building executing an agreement binding himself and his successors-in-interest-
(a)not to claim compensation in the event of the, Development Authority at any time thereafter acquire calling upon him or such successor-in interest, by a notice, in writing, to remove any addition made to any building in pursuance of such permission, or any portion thereof, and
(b)to pay the expenses of such removal.
(2)If the Development Authority refuses to grant the permission to add to any building on the ground that the proposed site falls wholly or in part within a street alignment referred to in section 47, and if such site or the portion thereof which falls within such alignment is not acquired by the Development Authority within one year after the date of such refusal, it shall pay reasonable compensation to the owner of the site.
(3)No person shall erect or add to any building between a street alignment and the building-line without first obtaining the permission of the Development Authority to do so.
(4)If the Development Authority grants permission under sub-section (3), it may require the applicant to execute an agreement in accordance with the proviso to sub-Section (1).