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State of West Bengal - Section

Section 287 in West Bengal Municipal Corporation Act, 2006

287. Unauthorised construction.

- Subject to the provision of section 266 if the Commissioner is satisfied that-
(a)the erection of any building-
(i)has been commenced without obtaining sanction or permission under this Act or the rules or the regulations made thereunder or has been completed otherwise than in accordance with the particulars on which such sanction or permission is based or after such sanction or permission has been lawfully withdrawn. or
(ii)is being carried on. or has been completed, in contravention of any provision of this Act or the rules or the regulations or the bye-laws made thereunder, or
(b)any building or projection exists in violation of any condition, direction or requisition, lawfully given or made under the provisions of this Act or the rules or the regulations made thereunder, or
(c)any material alteration of, or addition to, any building has been commenced, or is being carried on, or has been completed. in contravention of any provision of this Act or the rules made thereunder.
it may, after giving the owner of the building a reasonable opportunity of being heard, make an order directing that such erection, building, projection, alteration, or addition, as the case may be, or so much thereof as has been executed unlawfully, or such building or existing structure, be demolished or altered, and, upon such order, it shall be the duty of such owner to cause such demolition or alteration to the satisfaction of the Commissioner, and within such period, as may be fixed in this behalf, and in default, such erection, building, projection or addition, as the case may be, may be demolished or altered by the Commissioner at the expense of such owner.