Kolkata, Sept. 3 -- The Kolkata Municipal Corporation has laid down a detailed standard operating procedure (SOP) for dealing with unauthorised change of use, including provisions for demolition, retention and action against civic officials who deliberately fail to detect violations.
The procedure, issued through a Municipal Commissioner's circular, begins with detection during routine inspections. Sub-Assistant Engineers (SAEs) are required to inspect buildings to identify deviations from the sanctioned building plan or changes in use.
Following an inspection, the concerned SAE and Assistant Engineer have to submit a site inspection report, demolition sketch plan and infringement statement to the Executive Engineer.
The SOP provides for show-cause notices under Sections 416(5) and 400(1) of the Kolkata Municipal Corporation Act, 1980. Before the hearing, the person responsible must also deposit security equivalent to 50 per cent of the calculated fees for retention, according to the applicable schedule.
The matter is then placed before the Special Officer (Building), who, after giving the affected person an opportunity of hearing, can order complete demolition, partial demolition with partial retention, or retention of the change of use.
Where demolition is ordered, the order is communicated to the person responsible, who is given a prescribed period to comply. If the person fails to do so, the Building Department can undertake demolition by issuing notices under Sections 544 and 546 of the civic law.
In cases involving partial demolition and retention, the SOP requires concurrence or approval of the Mayor-in-Council under the applicable regulations.
The circular also provides a 30-day window to challenge an order of the Special Officer (Building) before the Municipal Building Tribunal.
Significantly, KMC has warned that officials who deliberately fail to detect unauthorised use of land may face action under Section 21(3) of the KMC Act and applicable service rules, including disciplinary proceedings and prescribed penalties.
Published by HT Digital Content Services with permission from Millennium Post.