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State of West Bengal - Section

Section 159 in West Bengal Municipal (Building) Rules, 2007

159. Sub-division of plots.

— (1) No sub-division of any plot within the municipal area shall be undertaken without the prior approval of the Board of Councillors.
(2)
(a)A plot to be sub-divided shall be termed as mother plot;
(b)every individual plot obtained by sub-division of the mother plot shall abut a means of access having width of not less than 2.00 metres;
(c)this rule shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;
(d)sub-division may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Board of Councillors :—
(i)Complete drainage facilities in accordance with provisions made elsewhere for the hill areas, ensuring drainage of each individual plot and of the means of access and passages leading to existing public drains or natural drainage channels,
(ii)all weather means of access with related protective works, if necessary, along with street lighting, .
(iii)sanitary facilities including sewage and garbage disposal facilities,
(iv)water supply facilities,
(v)electricity and telecommunication facilities,
(vi)all individual plots as well as the means of access and infra-structure provided shall be accompanied by complete protective measures in accordance with provisions made elsewhere for hill areas in these rules,
(f ) no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 80 sq. metres in area;
(g)no sub-division of the plot shall be granted unless a detailed layout plan or the area proposed to be sub-divided is submitted before the Municipality duly integrating the site layout plan with the general use of the land in the adjoining areas. The existing street pattern as also other physical infrastructural facilities like drainage, sewerage, water supply, electric supply with location of high tension or low tension electric line with poles are also required to be shown.
(3)The mother plot shall abut an all weather means of access conforming to the conditions specified below :
(a)the means of access shall have a width of not less than 2.0 metres, for plots having an area less than 500 sq. metres and a width not less than 3.0 metres for plots having an area more than 500 sq. metres :
Provided that an emergency vehicular access (minimum 3 m wide) shall be available within a distance of 100 m from the mother plot;
(b)the minimum permissible width for any given length of means of access for sub-divided plots shall be as given in the following table :—
Length of internal road Minimum width of means of access
Up to 25.00 metres 1.5 metres (pedestrian pathways only
Above 25.00 metres up to 50.00 metres 3.0 metres
Above 50.00 metres up to 100.00 metres 4.5metres
Above 100.00 metres 6.0metres
(c)Sub-division of a mother plot measuring more than 500 sq. metres in area shall only be allowed if a proportion of the total area of the mother plot is developed as public amenities or open space, as specified in the table below :—
Size of plot to be sub-divided % of area to be reserved for public amenities oropen space (excluding roads)
Above 2000 sq. metres and below 5000 sq.m 7.5
5000 sq. metres and above 10
Note.- This shall be in addition to the land required for providing the means of access to the individual plots obtained by sub-division of the mother plot as specified in this rule.Moreover, each such space in a single parcel shall have minimum areas of 150 square metres and a minimum width of not less than 3.00 metres; and each such open space shall abut a means of access as specified in sub-rule (3) of this rule.
(4)For mother plots measuring more than 5000.00 sq. metres in area, sub-division may be allowed if an additional five percent of the total area of mother plot is reserved for use or facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water tank for fire fighting or water treatment plant, sewage treatment plant and the like. Such land shall abut a means of access as specified in this rule. This is in addition to the land necessary for means of access as specified in sub-rule (3) and for public amenities and open spaces specified in this rule.