Section 413A in Kolkata Municipal Corporation Act, 1980
413A. [ Regularization of buildings in certain cases.- (1) Notwithstanding anything contained in this chapter or elsewhere in this Act, all buildings, the construction of which by the persons displaced from East Pakistan (now Bangladesh) or by their successors-in-interest on lands occupied by such persons have been completed on or before the commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996, and where the documents of title to such lands have been granted by the State Government, shall be regularized by the Municipal Commissioner under this chapter, subject to payment of the requisite fees and charges and on submission of application in the prescribed form along with the plan for each such building :
Provided that such regularization shall be made only in the cases where the constructions have been completed in conformity with the existing building rules of the Corporation :Provided further that in the cases where the buildings have been completed not in conformity with the existing building rules of the Corporation, in the appropriate cases the Municipal Commissioner, in relaxation of such building rules, shall be competent to regularize such building :Provided also that where the documents of title to the lands as aforesaid have not been granted by the State Government, the buildings on such lands shall be regularized in the aforesaid manner after the documents of title to such lands are granted by the State Government.Explanation. While relaxing the building rules of the Corporation, the Municipal Commissioner shall, in addition to other factors, if any, take into account the structural stability and safety of the buildings in accordance with such rules as the State Government may make in this behalf.(2)Where the construction of the building has been completed by such person on or before the commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996, and the document of title to land has been granted by the State Government, such person shall apply for regularization in accordance with the provisions of sub-section (1) within [three years] [Inserted by section 18 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Bengal Act No. 6 of 1996), w.r.e.f. 4.12.1995.] from the date of commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996.(3)Where the construction of the building has been completed but the document of title to land has not been granted by the State Government, such person shall apply for regularization in accordance with the provisions of sub-section (1) within one year from the date of grant of document of title to land.(4)Any building, the construction of which on the land as aforesaid has not been completed at the date of commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996, or any building proposed to be constructed on or after the said date, shall be governed by the provisions of this chapter.]C. Licensed Building Architects
