Amendment status not verified — confirm the current text below against the official source.
[x x x x] See Note below Section 410 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted proviso read as under: "410. Power of Government to grant exemption.- Notwithstanding contained in this Act and the rules made thereunder, the Government may, by order, for reasons to be stated therein, exempt the construction of any building from all or any of the provisions of this Chapter or the rules made thereunder subject to such conditions or restrictions as may be specified in such order: Provided that while granting exemption, the Government shall have due regard to the right of privacy, the right to light and air and the right of easement of the neighbour and the right of the public in general and the problems of traffic, flood and rain: Provided further that no such exemption shall be granted to construct a building or structure whether temporary or permanent in any land abutting any National Highway, State Highway or District roads or other important roads *[ xxx ] within a minimum distance of three metres from the boundary of the land owned by the person who sought exemption: ** [Provided that in the case of a building existing at the commencement of the Act the necessary exemption from the abovesaid three metre limit may be granted by the Government for the construction of the first floor or second floor or both upon such building.]" *Omitted by Act 8 of 1995. **Substituted by Act 8 of 1995. Note: Provisions for taking actions on certain pending Petitions.- Notwithstanding the repeal of Section 410 of the principal Act, action or the petitions, appeal petitions or review petitions seeking exemption from the provisions or rules relating to building construction filed or pending before Government or any Officer authorised by Government immediately before such repeal shall be continued in accordance with the provisions of the said section and disposed of accordingly. Power to grant exemption is not meant to be exercised to relax mandatory provisions regarding parking, fire, safety etc. to make the project profitable for the builder. - John v. State of Kerala - 2004 (2) KLT 88. [2001 (2) KLT 70 (SC) Relied on; AIR 1978 SC 851 Referred to].