Section 71 in Kolkata Municipal Corporation Building Rules, 2009
71. Transfer of Open Space.
(1)Where any plan for the erection of a building on any plot or for addition for any existing building has been sanctioned taking into account the extent of open space on such plot as shown in the plan and the Floor Area Ratio allowable therefore under these rules and the whole of such open space or any part thereof has been transferred, then -(a)if the transfer takes place before the commencement of the erection of the building or the execution of the work of such addition or alteration, such erection or such addition or alteration shall not be undertaken until a fresh plan on the basis of the area of the open space after the transfer is submitted and sanctioned under these rules;(b)if such transfer takes place during such erection or addition or alteration, the work of such erection or such addition or alteration shall not be proceeded with until a revised plan showing the extent of the open space on the basis of which the Floor Area Ratio may be allowed, is submitted and sanctioned under these rules;(c)if such transfer takes place at any time after completion of such erection or such addition or alteration-(i)the completion certificate if not already granted, shall not be granted, and(ii)such portion of the building or the addition or alteration as is not allowable under these rules because of such transfer, shall be demolished, and(iii)the extent of the building or such addition or alteration and the portion there which shall be demolished, shall be determined by the Municipal Commissioner:Provided that no action under this sub-clause shall be taken without giving owner and the persons likely to be affected thereby a reasonable opportunity of being heard.
