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[Cites 0, Cited by 0] [Section 59] [Entire Act]

State of West Bengal - Subsection

Section 59(2) in Kolkata Municipal Corporation Building Rules, 2009

(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.