Section 330 in Gauhati Municipal Corporation Act, 1971
330. Grounds on which site of proposed building may be disapproved.
- The Commissioner on the advice of Engineer may refuse to approve of the site on which it is intended to erect or re-erect any building on all or any of the following grounds-(a)That the erection or re-erection of the proposed building on such site would be in contravention of a development scheme under Section 322 or of any other provision of this Act or of any other enactment for the time being in force; or(b)That the site is in a portion of the city in which the position, and direction, and erect on such site will, in the opinion of the Commissioner obstruct or interfere with the construction in future of suitable streets in such portion of the city or the drainage, water supply or ventilation thereof:Provided that any person to whom permission to erect or re-erect a building on such a site has been refused may, by a written notice to the Commissioner, require that the position and direction of the future street in the vicinity of his intended building be forthwith laid down and determined, and if such requisition be not complied with within one year from the date thereof may subject to all other provisions of this Act applicable thereto, proceed with the erection of his building; or(c)That the site has been reclaimed or used as a place for depositing sewage, offensive matter or rubbish or the carcasses of dead animals or is otherwise unsanitary or dangerous to health; or(d)When the site is in a portion of the city for which a development scheme has not been sanctioned by the Corporation and that the building which it is proposed to erect or re-erect on such site will, in the opinion of the Commissioner be likely to conflict, in a manner to be communicated in writing to the applicant, with the contemplated development scheme:Provided that any person to whom permission to erect or re-erect a building on such a site has been refused may be written notice to the Commissioner, require that the preparation of a development scheme for the portion of the city in which the said site is situated be proceeded with as early as circumstances may permit; and if he applicant is not informed in writing within twelve months of the date of the requisition that the Corporation has sanctioned the said scheme, he may, subject to all the other provisions of this Act applicable thereto, proceed with the erection or re-erection of the building in aspect of which the application was made.
