Section 40 in The West Bengal Industrial Infra-Structure Development Corporation Act, 1974
40. Order of the demolition of building.
(1)Where the erection of any building in an industrial estate has been commenced or is being carried on, or has been completed, or any existing building is altered, in contravention of the terms and conditions settled by the Corporation, any officer of the Corporation empowered by it in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order directing the owner to demolish such erection or to so alter the same as to conform to the said terms and conditions within a period of three months from the date of the order:Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made.(2)Any person aggrieved by an order under sub-section (1) may appeal against that order, within thirty days from the date thereof, to a Committee of the Corporation set up for the purpose by regulations made in this behalf. Such Committee may, following the procedure provided by regulations made in this behalf, confirm, modify or set aside the order.(3)The decision of the Committee on such appeal and, subject to such decision, the order made by the officer under sub-section (1) shall be final.(4)On the failure of the owner-(a)to comply with the order made under sub-section (1) within the period specified therein, or(b)where an appeal has been preferred against such order under sub-section (2) and the order has not been set aside on such appeal, to comply with the order of the Committee on appeal, confirming or modifying the order appealed against, within such longer period, if any, as may be allowed by the Committee on appeal,the officer empowered under sub-section (1) may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable by the Corporation from the owner.
