Section 398A in The Calcutta Municipal Corporation Act, 1980
398A. [ Bar to construction of building in certain cases for a limited period. - [section 398A inserted by W.B. Act 1 of 1990.]
(1)Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of coming into force of the Calcutta Municipal Corporation (Amendment) Act, 1990 (hereinafter referred to in this section as the said Act) and for a period of one year from such date (hereinafter referred to in this section as the said period), no person shall apply for sanction of any plan to erect a building exceeding thirteen and a half metres in height.](2)Any application for sanction of any plan to erect a building exceeding thirteen and a half metres in height, submitted by any person-(a)before the coming into force of the said Act and lying pending for such sanction on the date of coming into force of the said Act, or(b)at any time during the said period, shall stand rejected forthwith.(3)Any person, whose application for sanction of any plan to erect a building exceeding thirteen and a half metres in height stands rejected under sub-section (2), may apply afresh for such sanction in accordance with the provisions of this Act and the rules made thereunder on the expiry of the said period.(4)Any fee paid by any person for sanction of any plan to erect a building exceeding thirteen and a half metres in height, the application for which stands rejected under sub-section (2), shall, at his option, be refunded to him or adjusted towards the fee payable by him for fresh application for such sanction under sub-section (3).(5)Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, if it considers necessary or expedient so to do in the public interest, by notification, exempt any application for sanction of any plan from the operation of the provisions of this section.
