Section 359 in The Calcutta Municipal Corporation Act, 1980
359. Compulsory setting back of building to regular line of street. -
(1)Where any building or any part thereof is within the regular line of a public street and, in the opinion of the Municipal Commissioner, it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any development plan, he may, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of such street should not be pulled down and the land within the regular line acquired by the Municipal Commissioner on behalf of the Corporation.(2)If the owner fails to comply with the requirements of the notice under sub-section (1), the Municipal Commissioner may, with the approval of the Mayor-in-Council, pull down the building or part thereof and all expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.(3)The Municipal Commissioner shall, immediately after any building or part thereof is pulled down under sub-section (2), take possession, on behalf of the Corporation, of the portion of the land within the regular line of the street occupied by such building or part thereof and such land shall thereupon be deemed to be a part of the public street and shall vest in the Corporation.
