Section 527 in The Calcutta Municipal Corporation Act, 1980
527. Power to order demolition of buildings unfit for human habitation.-
(1)Where the Municipal Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered fit, he shall serve upon the owner of the building and upon any other person having an interest in the building whether as a lessee, mortgagee 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 Municipal Commissioner and gives an undertaking to him that such person shall, within a period specified by the Municipal Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Municipal Commissioner, render the building fit for human habitation or that the building shall not be used for human habitation until the Municipal Commissioner, on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Municipal 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 Municipal Commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order and demolished within six weeks after the expiration of that 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 that building within the time specified in that behalf in the order, and if the building is not demolished within that time, the Municipal Commissioner shall demolish the building and sell the materials thereof.(5)Any expenses incurred by the Municipal Commissioner under subsection (4), which cannot be met out of the proceeds of the 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 purposes of this section and section 525 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 for damp;(d)natural light and air;(e)water supply;(f)drainage and sanitary conveniences;(g)facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter;and the buildings deemed to be unfit as aforesaid if and only if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for occupation in that condition.(7)For the purposes of this section and section 525 and section 526, "work of improvement" in relation to a building shall include any one or more of the following works, namely: -(a)necessary repairs;(b)structural alterations;(c)provision of light points and water taps;(d)construction of drains, 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 Municipal Commissioner, is necessary for executing any the works specified above.(8)The provisions of this section and section 524, section 525 and section 526 shall not apply in relation to any building in any area which has been declared to be a slum area under the West Bengal Slum Areas (Improvement and Clearance) Act, 1972.
