Section 7 in The West Bengal Religious Buildings And Places Act, 1985
7. Power of Collector in the district and Commissioner of Police in Calcutta to direct removal of unauthorised construction or conversion.
(1)Subject to the provisions of section 12, where the Collector in the district, or the Commissioner of Police in Calcutta, on receipt of any information or report or suo motu, has reasons to believe that a construction of any building or conversion of any building or place has been made in contravention of the provisions of this Act or of any permission thereunder, he shall, on such inquiry as he may consider necessary, cause to be notified in the locality by beat of drum and by affixing on a conspicuous part of such building or place and on the notice board of his office a notice, and shall also cause such notice to be served on the person or persons (if ascertainable) responsible for such construction or conversion, calling for objections, if any, within a period of fifteen days from the date of the notice as to why such construction or conversion should not be removed.(2)The Collector in the district, or the Commissioner of Police in Calcutta, shall, then, after considering the objections, if any, and after giving the person or persons concerned an opportunity of being heard, decide the matter and record his findings thereon.(3)If the Collector in the district, or the Commissioner of Police in Calcutta, arrives at the finding that the construction, or conversion has been made in contravention of the provisions of this Act or of any permission thereunder, he shall, by order, give directions for the removal of such construction or conversion, and restoration of the building or place, as nearly as may be, to its original condition.(4)Where any, direction under sub-section (3) of this section or any, decision, on appeal, under section 8, is not complied with within a period of forty-five days from the date of such direction or decision, the Collector in the district or the Commissioner of Police in Calcutta, shall cause such compliance to be made through a police officer not below the rank of Sub-Inspector, at the cost of the defaulter in the prescribed manner.
