338. Permission in case of non-residential uses of premises.
(1)No person shall, without the previous permission, in writing, of the Chief Municipal Officer, or otherwise than in conformity with the conditions, if any, of such permission, put any premises to non-residential use including the use 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.(2)The Chief Municipal Officer may refuse to give such permission in any case on the ground that such use-(a)would be objectionable by reason of the density of population in the neighbourhood, or(b)would add to the traffic constraints in the vicinity including parking spaces for vehicles, or -(c)would not conform to 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 a clinic, would be harmful to the patients due to noise or an environment which poses a health hazard, or(g)in the case of an educational building, would deprive the students of playground facilities.(3)Subject to any land use control under this Act or any other law for the time being in force, the decision of the Chief Municipal Officer in every case where permission is refused under this Section shall be final.
