Section 8 in West Bengal Municipal (Building) Rules, 2007
8. Control of development of parks, public open spaces, ponds, wetlands, canals, river and other water front and brick fields.
(1) For the purpose of these rules, public open space shall mean any open space which is open to the use for enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not.(2)(a)Parks and public open spaces shall be classified for the purpose of these rules into three following groups ;(i)the parks and public open spaces with area up to 1500 sq.m. shall be termed as small parks and public open spaces;(ii)the parks and public open spaces with area more than 1500 sq.m. but up to 7000 sq.m. shall be termed as medium parks and public open spaces;(iii)the parks and public open spaces with area more than 7000 sq.m. shall be termed as large parks and public open spaces.(b)The structure above ground level shall be subject to the following provisionsNo structure other than the following shall be permitted in parks and public open spaces(i)statue of public interest;(ii)structure related to play equipments and fixtures;(iii)structure related to public amenities provided that the height of such buildings shall not exceed 4.00 metres and that total area covered by such building shall not exceed 10% of the total area of the parks and public open spaces, 5% in the case of medium parks and public open spaces and 3% in the case of large parks and public open spaces.Note. For the purpose of calculation of total area of parks and public open spaces as aforesaid the area of water body, if any, shall be excluded.(c)The underground structure shall be subject to the following provisions:(i)no underground structure shall be allowed in small and medium parks and public open spaces;(ii)in large parks and public open spaces underground structure for amenities or parking facilities may be allowed, provided such structure shall not affect the environment or create traffic problem.(3)No canal, pond, water body, wetland, rivulets, jhora, water source, natural spring, streams, drains, culverts shall be filled up :Provided that after taking due consideration of the existing relevant Acts, the drainage, slope, slip, landslide, ecology, culture, environment, pisciculture, fire fighting or any other material consideration, and for reasons to be recorded in writing the Board of Councillors with the prior approval of the State Government, may allow any canal, pond, rivulets, streams, rivers, Hood plain area to be filled up.(4)(a)the maximum permissible height of a building in such zone shall be 5.00 metres. In the case of a building in the river zone (within 15 metres from river bank) or other water fronts of large water bodies (more than 1000 acres).(b)In the case of a building on stilts, the maximum permissible height of the building shall be 6.50 metres including the silts, the minimum height of which shall be 3.00 metres. In such building, the stilted portion shall not be allowed to be walled up or covered along the sides;(c)no building shall be more than 20.00 metres long alongside the river or other water fronts. There shall be a clear linear gap between the two buildings alongside the river or other water front as per following :(i)30 metres in case the river width is more than 75 metres;(ii)20 metres in case the river width is between 50 and 75 metres;(iii)15 metres in case the river width is less than 50 metres;(d)the maximum permissible covered area of such building shall be 200.00 sq. metres;(e)the structures for recreational purpose conforming to this sub-rule may be permitted within the adjoining land.(5)Existing brick fields shall be allowed to be continued as brick fields within their own boundaries. After being declared as abandoned, the excavated portions shall have to be maintained by the owner at his cost as water bodies where pisciculture or any type of recreational activity may be allowed.
