Kolkata Municipal Corporation Implements New Regulations on Mutation Certificates for Illegally Constructed Buildings

In a significant move aimed at curbing illegal construction practices, the Kolkata Municipal Corporation (KMC) has introduced stringent measures that will impact flat owners in unauthorized buildings. As per a recent circular issued by KMC Commissioner Dhaval Jain, mutation certificates will no longer be issued to owners of flats found within buildings constructed without legal approvals. This policy underscores the municipal authority's commitment to enforcing building regulations and maintaining urban structural integrity.

Under the new directive, the civic assessment department has been instructed to withhold inclusion of flat owners' names in the mutation records for properties flagged as illegally constructed. Instead, individuals involved will be recognized only as "persons liable to pay tax," effectively denying them the typical ownership rights associated with mutation certificates. This measure also extends to legal heirs who seek to add their names under similar circumstances, further tightening the noose around unauthorized constructions.

The implications of this policy are considerable. Mutation certificates play a critical role in establishing legal ownership of property, which is crucial for the execution of property transactions including sales and transfers. By withholding these certificates, KMC aims to deter builders and developers from bypassing legal channels, thereby reinforcing lawful construction practices.

Additionally, KMC's IT department has been tasked with gathering data on non-compliant structures from the assessment department. This information will be shared with the buildings department to facilitate targeted actions against violators. The process includes a thorough review of sanctioned plans and completion certificates. If discrepancies or deviations from approved plans are detected, the matter will be escalated to the director-general (buildings) for a conclusive determination.

The circular also outlines a potential pathway for regularization of certain deviations. If the buildings department opts to regularize unauthorized modifications against a fee, the assessment department may revise its stance and grant absolute mutation rights to the affected flat owners. This provision offers a glimmer of hope for regularization under specific conditions, albeit at a financial cost.

This policy shift by the KMC is part of a broader effort to enhance regulatory compliance in the construction sector and ensure that urban development proceeds within the framework of legality and safety. By tightening the issuance of mutation certificates, the corporation aims not only to discourage illegal building activities but also to foster a more organized and lawful urban growth environment.

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