Under Section 400(1) of the Kolkata Municipal Corporation (KMC) Act of 1980, if a notice is issued for the demolition of a specific unauthorized structure,

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KMC Act Section 400(1) requires illegal construction to be demolished within 7 days: Notices issued to 17 addresses including Abhishek Banerjee's house


The KMC has initiated strict action against several illegal constructions in the city by implementing Section 400(1) of the Kolkata Municipal Corporation Act, 1980. Under this section, the owner has to demolish the illegal part on his own initiative within 7 days of receiving the notice. If the work is not done within the stipulated time, the municipality itself demolishes it and recovers the cost from the owner.
What does Section 400(1) say?
Section 400(1) of the Kolkata Municipal Corporation Act is mainly used in the case of off-plan construction or completely illegal construction. If the owner of a house goes beyond the approved design and builds additional parts, or builds without the permission of the municipality, a notice is issued under this section. The notice clearly mentions which part is illegal and within how many days it has to be demolished. Usually, 7 days are given.  Once this period is over, the KMC building department conducts a raid with the help of the police and adds the demolition cost to the property owner's tax bill.
Who is in the latest notice?
Recently, the municipality has issued notices under Section 400(1) to a total of 17 addresses after receiving complaints of illegal construction. A notable name in this list is Diamond Harbour MP Abhishek Banerjee. According to the municipality sources, notices have also been sent to his residence and office on Harish Mukherjee Road, along with properties in the name of his mother and a company associated with him. 
The notice states that certain parts of these properties have been built outside the approved plan. Therefore, those illegal parts must be demolished within 7 days. Otherwise, the municipality will take action as per the law.
Reaction in political circles
The name of a high-profile person has started a political storm over the issue. The opposition claims that the law is equal for all. The ruling party leaders claim that they are being targeted for political purposes.  However, KMC officials say that this step is part of regular surveillance. Whenever a complaint is received, a notice is issued in accordance with the law after an on-site investigation. Action is not taken or not based on someone's identity.
What happens next?
According to the rules, after receiving the notice, the owner has 3 options. One, demolish the illegal part themselves within 7 days. Two, if they think the notice is wrong, then appeal to the Municipal Building Tribunal. Three, if they do nothing, KMC will demolish it and collect the demolition cost along with the fine.
According to the municipality sources, out of the 17 addresses that received the notice, some owners have already gone to the tribunal. In the case of the rest, the next step will be taken after the 7-day period ends.
Why is this section important?
Illegal construction is a big problem in Kolkata. Unplanned construction reduces drainage, firefighting and road space. Section 400(1) gives the municipality the legal power to take quick action.  Urban planners believe that increased implementation of this provision will increase the tendency to build according to plans in cities.

Reported by Sanchita chatterjee. 

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