Section 268 in West Bengal Municipal Corporation Act, 2006
268. Power to order demolition of buildings, dangerous ruimious or unfit for human habitation.
(1)Where the Commissioner, upon any information in its possession, is satisfied that any building is unfit for human habitation and is not capable, at a reasonable expense, of being rendered fit, it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as lessee, mortgage or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.(2)If any of the persons upon whom a notice has been served under sub-section (1) appears, in pursuance thereof, before the Commissioner and gives an undertaking that such person shall, within a period specified by the Commissioner, execute such work of improvement in relation of the building as will, in the opinion of the Commissioner, render the building fit for human habitation or that the building shall not be used for human habitation until the Commissioner, on being satisfied that it has been rendered fit for human habitation, cancels the undertaking, the Commissioner shall not make an order of demolition of the building.(3)If no such undertaking as is referred to in sub-section (2) is given or if, in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is used in contravention of the terms of the undertaking, the commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within such period, not being less than sixty days from the date of the order, as may be specified in the order, and demolished within ninety days after the expiration of the period.(4)Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein shall demolish the building within the period specified in the order, and if the building is not demolished within such period, the Commissioner shall demolish the building and sell the materials thereof.(5)Any expenses incurred by the Commissioner under sub-section (4), which cannot be met out of the proceeds of sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.(6)In determining for the purpose of this section. whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,-(a)repair;(b)stability;(c)freedom from damp;(d)natural light and air,(e)water supply;(f)drainage and sanitary conveniences;(g)facilities for storage, preparation of cooking of food and for the disposal of rubbish, filth and other polluted matter;and the building shall be deemed to be unfit as aforesaid if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for the occupation in that condition.(7)For the purpose of this section, "work of improvement" in relation to a building shall include any one or more of the following works, namely:-(a)necessary repair:(b)structural alterations;(c)provision of light points and water taps;(d)construction of drain, open or covered;(e)provision of latrines and urinals;(f)provision of additional or improved fixtures and fittings;(g)opening up or paving of courtyard;(h)removal of rubbish, filth and other polluted and obnoxious matter;(i)any other work, including the demolition of any building or any part thereof, which, in the opinion of the Commissioner, is necessary for executing any of the works specified in clauses (a) to (h).
