Kolkata, 23 May (H.S.): The changing political equations in West Bengal have reportedly begun affecting the internal dynamics of the Kolkata Municipal Corporation, with allegations emerging that demolition drives against illegal constructions are being carried out across the city while sidelining Mayor Firhad Hakim.

The issue has gained fresh attention after notices were recently served by the civic body to the family address of Abhishek Banerjee, the national general secretary of All India Trinamool Congress. Following the recent fire incident at a leather factory in Topsia, demolition drives using bulldozers have intensified in different parts of Kolkata. Against this backdrop, the controversy surrounding the “regularisation” of illegal constructions in exchange for penalties has resurfaced once again.

According to a section of civic officials, ambiguities in the existing laws governing regularisation have allowed many illegal structures to be legitimised over the years. Officials are now demanding clear amendments specifying what exactly would qualify as a “minor deviation” from sanctioned building plans and how such deviations should be measured.

The Kolkata Municipal Corporation had introduced the Kolkata Municipal Corporation (Regularisation of Building) Regulations, 2015. Under the amended rules, constructions with “minor deviations” from approved building plans could be regularised upon payment of penalties. However, officials point out that the regulations never clearly defined the extent or nature of such deviations. As a result, interpretations were left largely to engineers, civic officials, and administrators.

Sources within the civic body alleged that this legal ambiguity was exploited in numerous cases to legalise large-scale unauthorised constructions. Allegations have also surfaced that political influence and financial transactions enabled several structures violating building norms to obtain official approval.

With demolition drives now underway across the city, many officials believe that unless these loopholes are addressed, illegal construction activities will continue unabated in the future.

Officials of the building department have stressed the need for a precise definition of “minor deviation.” They argue that the law should clearly specify permissible limits regarding additional construction area, reduction in side setbacks, deviations in building height, and other technical violations. At the same time, standardised technical methods for measuring such deviations should also be introduced to ensure transparency and reduce misuse of the regularisation process.

The issue has also been examined repeatedly by the Supreme Court of India. The apex court has observed in several cases that regularisation of illegal constructions should remain an exception rather than becoming a norm. According to the court, repeated regularisation encourages violations of urban planning laws and undermines planned development.

Despite such observations, several Indian states continue to implement separate schemes and laws for legalising unauthorised constructions. Similar provisions exist in Mumbai, Thane, Navi Mumbai, and Pimpri-Chinchwad in Maharashtra. Recently, CIDCO introduced an amnesty scheme in Navi Mumbai, proposing regularisation upon payment of penalties ranging from 25 percent of reserved value for residential plots to as high as 150 percent for commercial plots.

Apart from Maharashtra, schemes for legalisation of unauthorised colonies or constructions are operational in Delhi, Karnataka, Telangana, Andhra Pradesh, and Gujarat under different names and frameworks. However, most such schemes impose strict conditions. Generally, only buildings constructed before a specified cut-off date qualify for regularisation. Property owners are required to pay settlement fees, infrastructure charges, and premium amounts, while the constructions must also comply with development control norms.

Typically, only limited violations such as reduced side setbacks, minor height deviations, or restricted excess built-up areas are considered for regularisation. Constructions on coastal regulation zones, forest land, defence property, playgrounds, or open spaces, as well as unsafe buildings, are usually excluded from such benefits. In many cases, even after regularisation, only repair permissions are granted while fresh construction approvals remain prohibited.

According to civic officials, introducing similarly strict and transparent guidelines in Kolkata could significantly help in curbing illegal constructions across the city.

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Hindusthan Samachar / Priyanka Pandey