Section 51 in New Town, Kolkata Development Authority Act, 2007
51. Removal of encroachments over public streets, etc.
(1)The Development Authority may itself or by an Officer authorized by it in writing, in this behalf, without notice-(a)remove alter or otherwise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform or other projection, obstruction or encroachment which, without first obtaining its permission, in writing, has been erected or set up in, over, above of upon any public street/house-gully, sewer, drain; aqueducts, water-course, or ghat,(b)remove any materials or goods or any movable property which has, without its permission, been deposited in a public street or in, over, above or upon any house-gully or any public sewer, drain, aqueduct, water-course or ghat, or which remains so deposited; when the period covered by any permission given in this behalf has expired, whether or not the offender-is prosecuted under this Act or the rules or the regulations made thereunder.(2)Any expenditure incurred for the removal of any projection, obstruction or encroachment referred to in sub-section (1) shall be recovered as an arrear of land revenue from the person who erects or sets up such projection, obstruction or encroachment.(3)If the person; who erect or sets up any of the projections, obstructions or encroachments, referred to in sub-section (1), is not known or cannot be found, of the Development Authority may cause a notice to be posted up in the neighbourhood of the said projection, obstruction or encroachment, as the case may be, requiring any person interested in the same to remove it, and it shall not be necessary to name any person in Such requisition.(4)No person shall be entitled to any compensation in respect or the removal of any projection, obstruction or encroachment under this Section. If the expenses of removing or altering any such projection, obstruction or encroachment are paid by the Occupier of the building in any case in which such projection, obstruction or-encroachment was not erected or set up by himself, he shall be entitled to deduct from the rent payable by him to the owner of the building any reasonable expense incurred for such removal or alteration.
