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State of West Bengal - Section

Section 8 in New Town Kolkata Planning Area (Building) Rules, 2014

8. Requirements as to Sites and Means of Access.

- (A) Prohibition for use of site for building -
(1)No piece of land shall be used as a site for the erection, re-erection, addition to or alteration of, any building falling under categories as stipulated in Sub-Rule- (3) of Rule-(1) except in accordance with the provisions of these rules and the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act XIII of 1979) and the rules and regulations if any made there under in relation to use of any land for erection of a new building or execution of any work.
(2)If any question arises as to what, for the purposes of the Act shall be deemed to be the site for erection, re-erection, addition to or alteration of any building, the Sanctioning Authority shall determine the same and his decision shall be final.
(B)Conditions as to use of a building site - No piece of land shall be used as a site for erection, re-erection, addition to or alteration of, any building-
(a)unless the New Town Kolkata Development Authority is satisfied on a Soil Investigation Report from a Geo-technical Engineer, giving design parameter on the basis of the condition of the soil at site and accepted by the Structural Engineer submitted by the person, from engineering point of view, fit to be built upon:
Provided also that soil investigation shall be done under the direction of a Geo-Technical-Engineer;
(b)if the building to be erected is intended for human habitation, unless the Sanctioning Authority is satisfied that it is capable of being well-drained and that owner will take necessary steps to drain it;
(c)If the frontage of the site abutting the road is less than 5M, unless the Sanctioning Authority is satisfied that the site can, subject to the fulfillment of other conditions specified in these rules, be used for construction of a building;
(d)If the owner of any land utilizes, sells, leases out or otherwise disposes of such land or any portion thereof as plots for the construction of buildings thereon, He/She shall lay down and make street or streets giving access to the plots into which the land may be divided and connecting such street or streets with any existing public street;
(e)If in the opinion of Sanctioning Authority it would be unsafe to construct a building on it for reasons to be recorded in writing.
(C)Distance from electric lines - No building or verandah, balcony or projection of any building, shall be permitted to be erected, re-erected, added to or altered in any case where the distance between such construction and any overhead electric lines, in accordance with the provisions of the Electricity Act, 2003 and the rules framed there under is less than as specified below:-
    Vertical Clearance Horizontal Clearance
(a) Low and medium voltage lines including servicelines 2.50 m 1.20 m
(b) High Voltage lines upto and including 11,000volts 3.70 m 1.20 m
(c) High Voltage lines above 11,000 volts and upto33,000 volts 3.70 m 2.00 m
(d) For extra high voltage line beyond 33,000 volts 3.70 m plus 0.30 m for every additional 33,000volts or parts thereof 2.00 m plus 0.30 m for every additional 33,000volts or parts thereof
NOC from WBSEDCL regarding alignment of Low, Medium and High voltage lines, if required, will be submitted to New Town Kolkata Development Authority.
(D)Prohibitions concerning means of access -
(1)In case of a building, a street/passage the width of which is less than 3. 5 m. but not less than 1.2 m. may be considered provided that the width of all such streets or passages, on the front, sides or rear be increased to make the width of the said passage/streets 1.75 m. from the center line of the passage/road by gifting the required portion of land by registered document to the Sanctioning Authority. However, advantage of FAR and Ground Coverage for such gifted land shall however be considered, in general; In case of such additional height obtained by free gifting the strip of land as mentioned hereinabove, the applicant will get FAR of original road width only however, the applicant will be given benefit of FAR and ground coverage taking into consideration the portion gifted to the sanctioning authority.[Provided that in case of a land area upto 200 sq. metre, mandatory open space in front or side or both, as the case may be, subject to such minimum space, shall be maintained from the original property line before allowing of such gift and in case of strip of land is required to be gifted to make the width of the means of access 1.75 metre from the center of line of the said means of access, the same may be made subject to the condition that the foundation of the building is not encroached:Provided further that if the gifting of the proposed strip of land or relinquishing is not practicable for widening of street or passage, the Floor area ratio (FAR) shall be reduced by 20 % of the value as shown in Table VIII of rule 27.] [Inserted by Notification No. 2492-UD/O/M/HID/41-03/2013 (Part-02), dated 30.8.2017.]
(2)Every new building shall have a means of access as required under these rules and in the case of re-erection, addition to or alteration of an existing building or otherwise the existing means of access shall not be reduced below the levels required under these rules.
(3)No buildings shall be erected, re-erected, added to or altered to deprive any other building of the means of access as required under these rules.
(4)Notwithstanding the provisions of these rules, in case of any building which is intended to be erected at the corners of two streets, the New Town Kolkata Development Authority and/or the Sanctioning Authority may, place special conditions concerning exit or entry from any street with recommendation from the Building Committee.
(E)Requirements of a passage-
(1)Every person who erects, re-erects, adds to or alters any building shall in a distinctive manner show the whole area of any means of access appertaining to a site on the site plan.
(2)Every means of access appertaining to a site shall be drained and lit to the satisfaction of the Sanctioning Authority and manhole covers or other drainage, water supply or other fittings laid in such means of access shall be flushed with the finished surface so as not to obstruct safe travel over the same.