Amendment status not verified — confirm the current text below against the official source.
(1) The Municipal Commissioner may, from lime lo lime and with the prior approval of Lhe Mayor-in-Council, notify that no new markel or shop or trading premises shall be established or kept open to abut on a calegory 1 or category II or category III street or portion thereof, without his prior permission, which shall be subject io the provisions of seciion 425, (2) The Municipal Commissioner may refuse to give such permission with due regard to lhe traffic constraints in the vicinily. (3) Notwithstanding lhe existence of any markets or shops on any such street, such refusal of lhe Municipal Commissioner shall be final. 424, (I) The Municipal Commissioner may, from lime to lime and with lhe prior approval of the Mayor-in- Council, notify such other nonresidential uses of premises (including lhe one for an educational building or an institutional building or an assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building) as are nol provided Tor in this Chapter and in the ease of which prior permission or the Municipal Commissioner shall be necessary, subject to the provisions of section 425, for establishing, or materially altering, or enlarging, or extending the use of, any such premises. The Kolkata Municipal Corporation Act, 1980. 798 Condiiions Tor gmnl of permission. [West Ben. AcL i | (Pai l VI.—Town Planning, Land and Land Use Controlsj Chapter XXIII.—Regulation of Building Uses.— Section 425.) (2) The Municipal Commissioner may refuse io give such permission in any ease on llie ground thai such use— (a) would be objectionable by reason of lhe density of population in [lie neighbourhood, or (b) would add 10 Lhc traffic constraints in the vicinity including parking spaces, for vehicles, or (c) would not conform io other predominant uses in the neighbourhood, or (d) would constitute a fire hazard, or (e) would be a nuisance to the inhabitants of the neighbourhood, or (f) in the case of a hospital or clinic would be harmful to the patients due io noise or an environment which poses a health hazard, or (g) in the case of an educational building would deprive lhc students of playground facilities, or on any other similar ground. (3) Subject to any land use control under Ihis Act or any olher law for the lime being in force, the Municipal Commissioner's decision in refusing permission under this section shall be final.