KMC notice to Abhishek Banerjee: Order to submit house plans for Kalighat and Harish Mukherjee Road

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KMC notice to Abhishek Banerjee: Order to submit house plans for Kalighat and Harish Mukherjee Road


Trinamool All India General Secretary Abhishek Banerjee has received a notice under Section 401 of the Kolkata Municipal Corporation Act, 1980. The Kolkata Municipal Corporation has ordered the immediate submission of the approved building plans for his two residences on Kalighat and Harish Mukherjee Road.
What is in Section 401?
Section 401 of the KMC Act is mainly used to summon construction-related documents. The municipality can ask the owner for the original plan under this section to check whether a house has been built as per the approved plan or whether additional construction has been made. If the plan is not submitted within the specified time after receiving the notice, the municipality can take unilateral action. Even if it is proved illegal, a demolition notice can be issued under Section 400(1).
What is the municipality's statement? 
According to the municipality's assessment department, not only these two houses, but also the documents of several other properties associated with Abhishek Banerjee are being examined. KMC is mainly checking 3 things:
Construction in accordance with the rules: Are the two houses built as per the approved design of the municipality? Whether there is any part outside the design.
Illegal expansion: Whether any room, floor or any other part has been extended later outside the approved plan. If so, whether prior permission was taken from KMC for it.
Tax information: If there is a difference between the actual area of ​​the house and the approved area, there may be a discrepancy in the calculation of property tax. That is also being investigated.
Why this sudden notice?
Recently, several complaints have been filed with the municipality regarding illegal construction. Based on those complaints, the building department has started surveys in different parts of the city.  It is learnt that the notice under Section 401 was sent after specific complaints were received about the two houses on Harish Mukherjee Road and Kalighat. According to a municipal official, “We do not issue notices based on anyone’s name. If we receive a complaint, we investigate as per the rules. Checking the plans is part of our routine work.”
What could happen next?
As per the rules, Abhishek Banerjee or his representative will have to go to the municipality and submit the sanctioned plans of the two houses. KMC engineers will check the plans on the spot and check them against the plans.
If it is found that there is no construction outside the plan, then the file will be closed. But if additional construction is found and there is no prior permission for it, then first a show cause notice under Section 400 and then a demolition notice under Section 400(1) within 7 days will be issued.
Political reaction
A political row has already started over this notice. The BJP claims that the law is equal for everyone.  Trinamool's counter-statement is that after the central agency, this time the municipality is being harassed. Although KMC Mayor Firhad Hakim has already said that there will be no party-wise view on illegal construction.

It is worth noting that earlier, a demolition notice was also issued under Section 400(1) for the property owned by Abhishek's mother and her company. The administrative circles believe that the Section 401 notice is the next step in that process.
Pictures of illegal construction in Kolkata
KMC data says that there are about 3 lakh illegal constructions in the city. More than 12 thousand notices were issued under Sections 400 and 401 in 2023-24. Due to the strict stance of the municipality, property tax collection has increased by 18% in the last one year. Because many people are submitting regularization fees and arrears of tax for the illegal part after receiving the notice.

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