UDMA lays down ‘additional effective steps’ to stop illegal constructions
Kolkata: With illegal constructions having apparently become a menace in the state, the Urban Development and Municipal Affairs (UDMA) department has informed the municipal bodies in the state, including the Kolkata Municipal Corporation (KMC), of “additional effective steps” and punitive measures which ought to be initiated against the offenders, including engineers (technical persons) involved in stopping such constructions
As part of the additional effective steps, the UDMA laid down four steps which can be taken against the offenders involved in illegal construction. Firstly, it has ordered checking of the sanctioned building plan and Completion Certificate (CC) before mutation of properties. It said at the time of mutation of new properties, the officials shall examine the copy of the sanctioned building to check whether the floor/building/flat under question was sanctioned by the municipal body and whether CC was issued.
Secondly, it has directed disconnection of water supply to the sites where unauthorised construction is ongoing. Further, there should be deployment of inspection teams in all the wards for surveillance followed by submission of field reports. A Millennium Post report published on May 14 mentioned how KMC is strengthening its field inspection. Further, it has directed that all urban local bodies (ULBs) shall see whether technical persons engaged by owners/builders are performing duties in terms of Rule 18A of West Bengal Municipal (Building) Rules, 2007.As part of punitive actions against violators, it directed that municipalities may start proceedings against such persons under Section 204 A of the West Bengal Act, 1993 and such persons are punishable for imprisonment for five years with fine of Rs 50,000.
It has also instructed that municipal corporations may start proceedings against such persons under Section 295 of the West Bengal Municipal Corporation Act, 2006 wherein such offence has been treated as cognizable and non-bailable within the meaning of CrPC and are punishable for imprisonment with five years with Rs 50,000 fine.
Further, technical persons engaged under Section 269 of the West Bengal Municipal Corporation Act, 2006 shall also be subject to the provisions of the Section 295 of the Act if there is any loss of life or property or likely to be caused by reason of misconduct on the part of technical persons engaged. Also, it was directed that police assistance, whenever required, may be taken by the municipalities.
