Section 207 in Siliguri Municipal Corporation Act, 1990
207. Power to prohibit change of authorized use of building.
(1)No person shall, without written permission of the Chief Executive Officer or otherwise than in conformity with the conditions, if any, of such permission-(a)use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose;(b)change or allow the change of the use of a building for any purpose other than that specified in the sanctioned plan;(c)change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned;(d)convert or allow the conversion of a tenement within a building to an occupational use other than what was intended in the original sanctioned plan, nor materially alter, enlarge or extend the use permitted by the Chief Executive Officer.(2)If, in any case, such permission is given, no change of occupancy or use shall be allowed before any necessary alterations or provisions have been made to the satisfaction of the Chief Executive Officer, and in accordance with the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being.(3)Any change of use made before the commencement of this Act shall be deemed to be an unauthorized change and shall be dealt with under the provisions of this Act.(4)Notwithstanding any other action that may be taken against any person, whether owner or occupier, contravening any provision of this section, the Corporation may levy on such person, in accordance with such scale as may be prescribed, a fine not exceeding in each case rupees one hundred per square meter per month for the area under unauthorized use throughout the period during which such contravention continues.(5)The Chief Executive Officer, may, if he deems fit, order that the unauthorized use be stopped forthwith:Provided that before making any such order, the Chief Executive Officer shall give a reasonable opportunity to the person affected to show cause why an order shall not be made.(6)Any person aggrieved by an order of the Chief Executive Officer under sub-section (5) may, within thirty days from the date of the order, prefer an appeal against the order of the Chief Executive Officer to the Mayor-in-Council whose decision in the matter shall be final and conclusive.(7)Where an appeal is preferred under sub-section (6), the Mayor- in-Council may stay the enforcement of an order passed by the Chief Executive Officer on such terms and for such period as it may think fit.(8)Save as otherwise provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Executive Officer or the Mayor-in-Council to restrain from taking any action or making any order in pursuance of the provisions of this section.Explanation. - "Unauthorized use" in this Chapter shall mean change or conversion of a building without sanction from one occupancy or use to another occupancy or use for residential, commercial, mercantile, industrial, storage, institutional, congregational, hazardous (dangerous and offensive) or the like purpose.
