Section 86 in New Town, Kolkata Development Authority Act, 2007
86. Power of order demolition of buildings, dangerous, ruinous or unfit for human habitation.
(1)Where the Development Authority, upon any information in its possession, is satisfied that any building is unfit for human havitation and is not capable, at a reasonable expense, of being rendered fit, shall serve upon the owner of the building and upon any person having an interest in the building, whether as lessee, mortgagee or otherwise a notice to show cause within such time as maybe specified in the notice as to why an order o f 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 Development Authority and gives an undertaking that such person shall, if within the period specified by the Development Authority, execute such work of improvement in relation to the building as will, in the opinion of the Development Authority, render the buildingfor human habitation or that the building shall not be used for human habitation until the Development Authority, on being satisfied that it has been rendered fit for human habitation, cancels the undertaking die development Authority shall ant make tin order of demolition of the building.(3)If no such under taking as is referred to in sub-section (2) is given 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 Development Authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within such period, not being less than sixty days from the date of the order, as may be specified in the Order and demolished within ninety days after the expiration of that period.(4)Where an order, of the demolition of the building under this section has been made, the Owner of the building or any other person having an interest therein shall demolish the building within the period 'specified in the order, and if the building is not demolished within such period, the Development Authority shall demolish the building and Scathe materials thereof.(5)Any expenses incurred by the Development Authority under sub-section (4), which cannot be met out of the proceeds of 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 wear of land-revenue.(6)In determining, for the purposes alibis section, 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-from damp;(d)natural light and(e)water supply;(f)drainage and sanitary conveniences;(g)facilities for storage, preparation and cooking of food and for, the disposal of rubbish, fifth and other polluted matter,and the building shall be deemed to be unfit as aforesaid 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, work improvement 'in relation to a building shall include any One of the folloWing works, namely :-(a)necessary repairs;(b)structural alterations;(c)provisions of light points and water taps;(d)construction of drains, open or covered;(e)provisions of latrines and urinals;(f)provisions of additional or improved fixtures or fittings;(g)opening up or paving of courtyard;(h)removal of rubbish, filth and other polluted, and obnoxious matters;(i)any other work including demolition of any building or any part thereof,which, in the opinion of the Development Authority, is necessary for executing any, of the works specified in clauses (a), to (h).[Chapter-XA] [Inserted by West Bengal Act No. 10 of 2010, dated 27.5.2010.] Registration
