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State of West Bengal - Section

Section 59 in Kolkata Municipal Corporation Building Rules, 2009

59. Prohibitions concerning means of access.

(1)No new building shall be erected or added to on a site unless -
(a)the site abuts on a street which is not less than nine m. in width at any part, or
(b)there is access to the site from any such street by a passage which is not less than nine m. in width at any part;
(c)in the case of a residential building with other occupancy or occupancies if any except educational occupancy, of less than 10% of the total floor area of the building, the width of such street or passage shall not be less than 2.4 m. at any part;
(d)in the case of a residential building with educational occupancy of 10% or more of the total floor area of the building, the width of such street or passage shall not be less than 7.00 m. at any part;
(e)in the case of an educational building with residential occupancy, the width of such street or passage shall not be less than 7.00 m. at any part;
(f)in the case of an educational building with other occupancy or occupancies not being residential if any, of less than 10% of the total floor area of the building, the width of such street or passage shall not be less than 9.0 m. at any part;
However, in case the width of means of access is more, than 7 m. but less than 9.0 m. an educational building of not more than 600 sq. m. of total floor- area may be permitted.
(g)In case of institutional building of total floor area not more than 1000 sq. m. with other occupancies of less than 10% of total floor area the width of such street or passage shall not be less than 7 m. at any part.
(2)Notwithstanding anything contained in sub-rule (1), the Mayor-in- Council may allow any residential building up to a maximum height of 7 m. and FAR of 0.8 on a plot abutting a means of access of not less than 1.2 m. of width at any part:Provided that in case of a residential building only, a street/passage the width of which is less than 3. 5 m. but not less than 1.2 m. may be considered provided that the width of all such streets or passages, on the front, sides or rear be increased to make the width of the said passage / streets 1.75 m. from the center line of the passage/road by gifting the required portion of land in front by registered document to the Corporation or by relinquishing the required portion land on the sides or the rear by the applicant. However, advantage of FAR and Ground Coverage for such relinquished portion of land shall however be considered, in general;Provided also that in case of a land area upto 200 sq.m., open space of at least 600 mm. front / side or both, as the case may be, subject to that minimum open space as prescribed in rule 62 is maintained from the original property line before such gift be allowed, in case strip of land has to be gifted to make the width of the means of access 1.75 m. from the centre line of the said means of access, provided, the foundation of the building is not encroached.Provided further that if the gifting of the proposed strip of land or relinquishing is not practicable for widening of street/passage, the FAR shall be reduced by 20% of the value as shown in Table 3 of rule 70.
(3)Notwithstanding anything contained in the proviso to sub-rule (1) the Mayor-in-Council may in the case of a plot which is 1,000 sq. m. or less, intended for erection or re-erection of a building to be used as an educational building or a place of worship, reduce, by resolution, the requirements of the said proviso -
(a)as to the width of such street, or
(b)as to the width or length of such passage, to such extent as it may deem fit, so, however, that the width of such street or passage shall in no case be less than 1.2 m.
(4)Every new building shall have a means of access as required under these rules and in the case of re-erection, addition to or alteration of an existing building or otherwise the existing means of access shall not be reduced below the levels required under these rules.
(5)No buildings shall be erected, re-erected, added to or altered to deprive any other building of the means of access as required under these rules.
(6)Notwithstanding the provisions of these rules, in the case of any building which is intended to be erected at the corners of two streets, the Municipal Commissioner may, in accordance with the provisions of clause (c) of sub-section (1) of section 405. place special conditions concerning exit or entry from any street.
(7)Any building which is in full or part is put to assembly occupancy for the purpose of theatre, motion picture, city hall, dance hall, skating ring, auditorium, exhibition hall or for similar other purposes viz schools and colleges shall not be allowed on a plot located within 50 m. of junction of two streets the width of each of which is 15 m. or more.