Section 398 in The Calcutta Municipal Corporation Act, 1980
398. When building or work may be proceeded with. -
(1)Where within a period of sixty days or, in cases falling under [clause (b) to clause (m)] [Words, brackets and letters substituted by W.B. Act 13 of 1984.] of sub-section (1) of section 390, within a period of thirty days of the receipt of any notice under section 393 or section 394 or of any information under section 395 the Municipal Commissioner does not refuse the sanction to the erection of any building or the execution of any work or, upon refusal, does not communicate the refusal to the person who has given the notice, such person may make a representation in writing to the Mayor :Provided that if it appears to the Municipal Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Municipal Commissioner may withhold sanction to the erection of the building or the execution of the work for such period, not exceeding six months, as he may deem fit, and the period of sixty days or, as the case may be, the period of thirty days, specified in this sub-section, shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld.(2)Where the erection of a building or the execution of a work is sanctioned, the person who has given the notice shall erect the building or execute the work in accordance with such sanction and shall not contravene any of the provisions of this Act or the rules or the regulations made thereunder or of any other law in force for the time being.(3)If the person as aforesaid or any one lawfully claiming under him does not commence the erection of the building or the execution of the work within [two years] [Words substituted by W.B. Act 21 of 1988.] of the date of the date on which the erection of the building or the execution of the work is sanctioned [***] [Words omitted by W.B. Act 13 of 1984.], he shall give notice under section 393 or, as the case may be, under section 394 for fresh sanction and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice.(4)Such person shall, before commencing the erection of the building or the execution of the work within the period specified in sub-section (3), give notice to the Municipal Commissioner of the proposed date of commencement of such erection or such execution :Provided that if the commencement does not take place within fifteen days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf.
