Amendment status not verified — confirm the current text below against the official source.
(1) Where the Development Authority, upon any information in its possession, is satisfied that any building is unfit for human havitation and is not capable, at a reasonable expense, ofbeing rendered fit, shall serve upon the owner of the building and upon any person having an interest in the building, whether as lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub- section (1) appears, in pursuance thereof, before the Development Authority and gives an undertaking that such person shall, if within the period specified by the Development Authority, execute such work of improvement in relation to the building as will, in the opinion of the Development Authority, render the building fit for human habitation or that the building shallnot be used for human habitation until the Development Authority, on being satisfied that it has been rendered fit for human habitation, cancels the undertaking, the development Authority shall not make an order of demolition of the building. (3) If no such undertaking as is referred to in sub-section (2) is given or if, in a case where any such undertaking has been given, any work of improvement to 596 THE KOLKATA GAZE I I b, EXTRAORDINARY, JUNE 30, 2008 [PART III The New TOW71, Kolkata Development Authority Act, 2007. (Part IL-Amenities. Chapter XL—Water Supply.— Section 87.) whiCh the imdertakingtelates isnot carried out withinthe spedifiedperiod or the - building is used in contravention of the-terins of the undertaking, the Development Authority shall forthwith Make an orderpf demolition of the building requiring that the building shall be vacated within such periOd,-not being less than sixty days from the date of the order, as maybe specified in the order and demolished within ninety days after the expiration of that period: (4) Where an order of the demblition of the building under this section has been Made, the owner Pfthebuilding or any other person having an interest therein shall demolish the building within the period specified in the order, and if the building is not demolished within such period Development Authority shall demolish the building and sell the materials thereof (5) Any expenses incurred by the Development Authoritynnder sub-section . (4), ixthich cannot be.met out of the proceeds of sale-ofinaterials of the building, shall be recovered from the owner of the building or any other person having an _interest therein is an arrear of land-reyenue. (6) hi determining, for the purposes of this section; whether a building is unfit . . . for human habitation, -regard: shall be had to its condition in respect of the following matters, that is to say; (a) repair; (b) stability; (c) • freedbin from damp;. (d) natural light and air; (e) -Water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparatiOn -andxooking of food .and for the dispoSal of rubbish; filth and other polluted Matter, . and thebnilding shall be deemed to be unfit as aforesaid if it is so defective in one or more ofthe matters as aforesaid that it is not reasonably suitable for occupation in that condition: (7) For the pUrposeS of this Section, 'work of improvement in relation to a building shall inelude anyone of the following works, namely (a) necessary repairs (b) :structural alterations; (c) provisions of light points "and water taps; (d) construction of darins, open'of covered; -(e) provi!tons oflatrines and urinals; (1).provisions of additidnal or improved fixtures .or"ttirigs; (g) Opening up or paving of courtyard; (h) _removal of rubbish, filth and other polluted and.obmixious matters, (i) any other work, including demolition of any building or any part thereof, which, in the opinion of the Development Authority, is necessary for executing any of the works Specified in clauses (a) to (h): Development Authority praVide water- supply. TART VI 'AMENITIES CHAPTER XI. Water Supply _87. (1) It shall be the duty of the Development Authority to provide a to supply of wholesome water for the-domestic use of the: inhabitants. PART III] - Public tanks, sub-soil water, etc., to vest in the Development . Authority. Construction of water- works. Power to lay or carry pipes through public or private land. THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 The New Town, Kolkata Development Authority Act, 2007. (Part VI —Amenities.—Chapter XI.—Water Supply.— Sections 88-90.) (2) The supply of water domestic or non-domestic uses may be charged for at such scale of fees, or price, as may be prescribed : Provided that in the case of water supply projects, implemented in any area within New Town, Kolkata, with external aid or on joint venture basis or through private participation, the Development Authority may make regulations fixing fees for supply of water and other allied matters assoiated with the project, as may be necessitated by the terms and conditions of the project. (3) The Development Authority may, for the purpose of measuring or recording the quantity of water consumed, provide for devices of attachment of meter in the premises or adopt a system of calculation by means of the size or the number of ferrules through which the supply is made or by any other method or measurement or means in such manner, and in accordance with such procedure, as may be prescribed.