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State of West Bengal - Section

Section 524 in Kolkata Municipal Corporation Act, 1980

524. Removal of congested buildings.

(1)Where it appears to the Municipal Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, he shall cause the block to be inspected by the Chief Municipal Health Officer and the Municipal Engineer-in-Chief who shall make a report in writing to him regarding the sanitary condition of the block.
(2)If, upon receipt of such report, the Municipal Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or otherwise endanger the community health, he shall with the approval of the Mayor-in-Council, select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block, and may thereupon by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice:Provided that before issuing the notice a reasonable opportunity should be afforded to the owner to show cause why the buildings should not be removed :Provided further that Municipal Commissioner shall make compensation to the owner for any building so removed which may have been erected under proper authority.
(3)If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice, the Municipal Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.