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State of West Bengal - Section

Section 79 in New Town, Kolkata Development Authority Act, 2007

79. Inspection of building or work requiring sanction.

(1)The Chairman or any other person duly authorized by him in this behalf may, at any time and without notice, inspect any building or work in respect of which an application with building plan has been submitted, while the work is in progress, and shall cause such inspection on receipt of the notice of completion or credible information regarding such completion.
(2)If, on making any inspection under sub-section (1), the Chairman or the other person as aforesaid finds that the building is being, or has been, erected-
(a)otherwise than in accordance with the building plan as sanctioned, or
(b)in such a way as to contravene the provisions of this Act or the rules or the regulations made thereunder,
the Chairman may, by notice in writing, require the owner of the building either to make such alterations within such time as may be specified in the notice with the object of bringing the work into conformity with the said plan or the provisions of this Act or the rules or the regulations made thereunder, as the case may be, or to appear before the Chairman and to show cause why such alteration should not be made.
(3)If the owner does not appear and does not show cause under sub-section (2), he shall be bound to make the alterations specified in the notice as aforesaid.
(4)If the owner appears and shows cause under sub-section (2), the Chairman shall, after hearing him, either-
(a)cancel the notice issued under that sub-section, or
(b)confirm the said notice, subject to such modifications, if any, as he may think fit.
(5)On the failure of the owner to Comply with the foregoing provisions of this section, the Chairman may require any police officer or any employee of the Development Authority to seal such area after evicting all persons, including the workmen, therefrom to prevent further work till the alterations specified in the notice under sub-section (2) are made.