218. Order for demolition or alteration of buildings in certain cases.
(1)If the Board of Councilors is satisfied-(a)that the erection of any building(b)has been commenced without obtaining sanction or permission under the law, or(ii)is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission was based, or after such sanction or permission has been lawfully withdrawn, or(iii)is being carried on or has been completed in breach of any provision contained in this Act or in the Schedule or in any rules or regulations in this behalf, or(b)that any building or projection exists in violation of any condition, direction or requisition lawfully given or made under this Act or the rules or the regulations made thereunder, or(c)that any material alteration of, or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision contained in this Act or the Schedule or in any rules or regulations in this behalf,it may, after giving the owner of the building a reasonable opportunity of being heard, make an order directing that such erection, alteration, addition or projection, as the case may be, or so much thereof as has been executed unlawfully, be demolished or altered and, upon such order, it shall be the duty of the owner to cause such demolition or alteration to the satisfaction of the Board of Councilors within such period as may be fixed in this behalf. In default, such erection, alteration, addition or projection, as the case may be, may be demolished or altered by the Board of Councilors at the expense of the said owner.(2)The procedure relating to the opportunity of hearing to be given to the owner of the building under sub-section (1) shall be such as may be prescribed.(3)An appeal against an order made by the Board of Councilors in this behalf shall lie with the [Court having jurisdiction] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'Municipal Appellate Tribunal constituted under this Act'.].(4)[***] [[Omitted by West Bengal Act 13 of 1995 w.e.f 5.9 1995, which stood earlier as under :(4)The order or the Tribunal shall be final and conclusive and shall not be questioned in any court of law.]].(5)Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Chapter, if the Chairman-in-Council is of opinion that immediate action is necessary in respect of any building being constructed, or any 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.
