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[Cites 0, Cited by 0] [Section 208] [Entire Act]

State of Himachal Pradesh - Subsection

Section 208(5) in The Himachal Pradesh Municipal Corporation Act, 1994

(5)Notwithstanding anything contained in sub-section (1) or sub-section (3) but subject to the provisions of sub-section (2) of section 204 and sub-section (2) of this section if the municipality neglects or omits, within sixty 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 one hundred twenty days, 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, 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 buildings belongs to or vests in the municipality, be deemed to have been sanctioned, except in so far as it may contravene any bye-law, or any building or town planning scheme sanctioned under section 205 :Provided that should a resolution convey in or refusing such sanction be suspended under section 263, the period prescribed under this sub-section shall commence to run afresh from the date of communication of final orders by the Director or the Deputy Commissioner under section 266 :Provided further that if not less than one fifth of the members present vote against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.