Amendment status not verified — confirm the current text below against the official source.
Commissioner to refuse erection or re-erection of buildings.— (1) The Commissioner shall refuse to sanction the erection or re-erection of any building in contravention of any scheme under section 255 or in contravention of any bye-law made under the provision of this Act. (2) The Commissioner may refuse to sanction the erection or re-erection of any building, if in respect of the building there are just and sufficient reasons which shall be communicated in writing to the applicant, for which sanction should not be given, or if the land on which it is proposed to erect or re-erect such building is vested in the Government in the Corporation and the consent of the Central or the State Government or the Corporation, as the case may be, has not been obtained, or if the title to the land is in dispute between the applicant and the Corporation or the Government. (3) Notwithstanding anything contained in sub-section (2) but subject to the provisions of sub-section (9) of section 255, 31if the Commissioner within sixty days of the receipt from any person of valid notice of such person's intention to erect or re-erect the building or within one hundred and twenty days of such receipt, if the notice relates to a building on the same or part of the same site on which sanction for the erection of a building has been refused within the previous twelve months, neglects or omits-to pass orders sanctioning or refusing to sanction such erection or re-erection, [if the Commissioner neglects or omits to pass orders sanctioning or refusing to sanction such erection or re-erection within fifteen days of the receipt from any person of valid notice of such person’s intention to erect or re-erect the building,] such erection or re-erection shall, unless the land on which it is proposed to erect or re-erect such building belongs to or vests in the Corporation, be deemed to have been sanctioned, except in so far as it may contravene any rule or bye-law or town planning scheme sanctioned under this Act or any other enactment for the time being in force: Provided that if an order granting or refusing such sanction is suspended under section 378, the period specified by this sub-section shall commence to run afresh from the date of the communication of final orders under the said section by the State Government.