Section 411 in Kolkata Municipal Corporation Act, 1980
411. Power to order removal of dangerous buildings.
(1)If any wall or building, or anything affixed thereto, be deemed by the Municipal Commissioner to be in a ruinous state, or likely to fall, or to be in any way dangerous, he shall forthwith cause a written notice to be served on the owner and to be put on some conspicuous part of the wall or building or served on the occupier, if any, of the building requiring such owner or occupier forthwith to demolish, repair or secure such wall, building or thing, as the case may require :[Provided that in the case of a heritage building the Municipal Commissioner may refer the state or the condition thereof to the Heritage Conservation Committee for its consideration and decision.] [Added by Section 31 of the Calcutta Municipa Corpaoration (Amendment) Act, 1997 (West Bengal Act 26 of 1997), w.e.f.. 22.12.1997.](2)The Municipal Commissioner may, if it appears to him necessary so to do, cause a proper hoarding or fence or other means of protection to be put up at the expense of the owner of such wall or building for the safety of the public or the inmates thereof; and 'may, after giving them such notice as the Municipal Commissioner may think necessary, require the inmates of the building to vacate it.(3)The provisions of this Act and of any rules or regulations made thereunder relating to buildings shall apply to any work done in pursuance, or in consequence, of a notice issued under sub-section (1).(4)(a)Notwithstanding anything contained in the foregoing sub-sections, the Municipal Commissioner may, forthwith or with such notice as he thinks fit, demolish, repair or secure or cause to be demolished, repaired or secured, any such wall or building or thing affixed thereto, on the report of the Chief Municipal Architect and Town Planner, certifying that such demolition, repair or securing of the building, wall or thing is necessary for the safety of the public or the inmates of the building.(b)In any such case the Municipal Commissioner may cause the inmates of the building to be summarily removed from the same or such portion thereof as he may consider necessary.(c)All expenses incurred by the Municipal Commissioner in taking action under this sub-section shall be paid by the owner of such wall, building or thing.(5)Any action taken by the Municipal Commissioner under sub-section(4)shall, unless the contrary is proved, be deemed to have been taken lawfully and in good faith and with due care and attention.
