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State of West Bengal - Section

Section 291 in West Bengal Municipal Act, 1993

291. Removal of congested buildings.

(1)Where it appears to the Board of Councilors that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, the Chairman shall cause the block to be inspected by a public health engineer who shall make a report in writing regarding the sanitary condition of the block.
(2)If, upon receipt of such report, the Board of Councilors considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or to endanger otherwise the community health or safety, it may select the buildings which, in its opinion, should wholly or in part be removed in order to abate the unhealthy condition of the block, and may, thereupon, by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice :Provided that before issuing notice, a reasonable opportunity shall be afforded to the owner to show cause why the building should not be removed :Provided further that the Board of Councilors shall make compensation to the owner for any building so removed which may have been erected under proper authority.
(3)If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the period specified in the notice, the Board of Councilors may cause the building to be removed and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.