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State of West Bengal - Section

Section 82 in New Town, Kolkata Development Authority Act, 2007

82. Order for demolition or alteration of buildings in certain cases.

(1)If the Development Authority satisfied that-
(a)the erection of any building-
(i)has been commenced without obtaining sanction or permission under this Act, or
(ii)is being carried on or has been completed otherwise than in accordance with the sanction accorded, or the permission granted, under this Act, or after such sanction or permission has been lawfully withdrawn, on
(iii)is being carried on, or has been completed in contravention of any provision of this Act or the rules or the regulations made thereunder, or
(b)any building or projection exists in, violation of any condition, direction or requisition under any provision of this Act or the rules or the regulations made thereunder, or
(c)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 of this Act or the rules or the regulations made thereunder,
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, may 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 Development Authority within such period as may be specified in the order, and, in default, such erection, alteration, addition or projection, or alteration or addition, as the case may be, may be demolished or altered by the Development Authority at the expense of the owner.
(2)The procedure relating to the opportunity of hearing to be given to the owner under sub-section (1) shall be such as may be prescribed.
(3)An appeal against an order under sub-section (1) shall lie with the cour having jurisdiction.
(4)Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Chapter, if the Development Authority is of opinion that immediate action is necessary in respect of any building being construct 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 demolished forthwith.