KOLKATA: The KMC Act (1980) is set to be amended with a more stringent provision of law to deal with illegal constructions. The new law, once passed, can double the quantum of maximum punishment for unscrupulous builders and also raise the fine by several lakhs.
A stricter law, said a KMC buildings department official, would help the civic body prosecute and jail unscrupulous builders for a longer time for not only going ahead with constructions without seeking civic sanction but also using inferior materials, endangering public safety.
The department has come up with a proposal to replace some of the existing provisions of Buildings Rules. The proposal will be placed at the KMC House on Friday and likely to be passed. A nod for the amendment was a mere formality, said corporators. The department had initiated the move after an illegal structure in Garden Reach collapsed in March and killed 13 people.
“We need to amend this section and make it more stringent as based on this legal provision, cops prepare charge sheet against the accused. The more stringent we make it, the less possibility of a promoter slipping away will be there.
We want to amend this section so that non-bailable arrest warrants can be issued against unscrupulous promoters who will be held for endangering public safety,” said a civic official.
According to a KMC buildings department official, KMC needs to amend Section 401 (A) to “give more teeth to civic officials dealing with promoters who violated building rules”. The KMC buildings department lodges a complaint against promoters found illegally constructing buildings that pose a threat to public safety.
The current Section 401 (A) leads to a maximum imprisonment of five years for “gross violation of rules and public safety” and a fine up to Rs 50,000. The amended law proposed 10-year jail term and a fine up to Rs 10 lakh.
In a tweak to the KMC buildings rules, the civic body has decided not to regularize a building if more than 10% of the total construction area violates the rules. Mayor Firhad Hakim has instructed the civic brass to take a hard stance on giving a legal status to illegally constructed buildings.
“We may consider regularization of buildings if the promoter doesn’t engage in major violations. Time and again, a section of promoters takes advantage of our building rules and go in for major changes from the sanctioned plan. We can’t allow this any more,” said a KMC official.
