Bare ActsThe MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956

Section 295

Commissioner to refuse erection or re-erection of buildings

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 sanctioned under section 291 or in contravention of any rule or byelaw made under the provisions 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 sufficient reasons which shall be communicated in writing to the applicant, why sanction should not be given, or if the land on which it is proposed to erect or re- erect such buildings is vested in the Government or in the Corporation and the consent of the 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. (9) In sub-section (2) but subject to the provisions of sub-section ----- of section---- if the Chief Executive Officer within thirty days of the receipt from any person of a valid notice of such person‘s intention to erect or re-erect a building, or within sixty 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, 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 Municipality, be deemed to have been sanctioned, except in so far as it may contravene any rule or byelaw or any town-planning schemes 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---- the period specified by this sub-section shall commence to run afresh from the date of communication of final orders under the said sanction by the Government. (3) Notwithstanding anything contained in sub-section (2) but subject to the provisions of sub- section 10 of section-291 if the Commissioner within thirty days of the receipt from any person of a valid notice of such person‘s intention to erect or re-erect a building, or within sixty 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, 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 byelaw or any town-planning schemes 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 421 the period specified by this sub-section shall commence to run afresh from the date of communication of final orders under the said sanction by the Government.

Section 295 – The MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956 | DailyLaw.ai