Section 263 in West Bengal Municipal Corporation Act, 2006
263. [ Sanction or provisional sanction or refusal of sanction for erection of building or work. [Substituted by West Bengal Act No. 17 of 2016, dated 20.1.2017.]
(1)The Commissioner shall sanction the erection of a building or the execution of a work unless such creation of building or work would contravene any of the provisions of sub-section (2) or subsection (3) of this section or the provisions of section 289C or section 289D:Provided that no such sanction shall be accorded without the prior approval of the Mayor-in-Council in case of any building, except a residential building, proposed to be erected or re-erected on a plot of 500 square meters or less of land, or a heritage building:Provided further that the Mayor-in-Council shall consider the recommendations of the Municipal Building Committee and those of the Heritage Conservation Committee and shall finalize its decision after such consideration.(2)The sanction of a building or a work may be refused on the following grounds:-(a)that the building or the work or the use of site for the building or the work of any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being;(b)that the notice for sanction does not contain the particulars or is not prepared in the manner required under the rules and the regulations made in this behalf; *(c)that any information or document required by the Commissioner under this Act or the rules or the regulations made thereunder has not been duly furnished;(d)that in cases requiring a layout plan under section 254 such layout plan has not been sanctioned in accordance with the provisions of this Act;(e)that the building or the work would be an encroachment on Government land or land vested in the Corporation;(f)that the site of the building or the work does riot about on a street or projected street and that there is no access to such building or work from any such street by any passage or pathway appertaining to such site.(3)If, for the use of a building, a licence or permission is required from any department of Government or statutory body under any law in force for the time being, and if such licence or permission is not immediately available, a provisional sanction shall be given for the erection of such building and upon the production of such licence or permission and submission of duly authenticated copies thereof, sanction under sub-section (1) shall be given:Provided that the provisional sanction shall be subject to all other provisions of this Chapter.(4)The Commissioner shall communicate the sanction or the provisional sanction to the person who has given the notice under section 262 or section 262B; and where he refuses sanction or provisional sanction either on any of the grounds specified in sub-section (2) or under section 289C or section 289D, he shall record a brief statement of his reasons for such refusal and shall communicate the refusal alongwith the reasons therefor to the person who has given the notice.(5)The sanction or the provisional sanction or the refusal to the erection of a building or the execution of a work shall be communicated in such manner as may be specified in the rules and regulations made in this behalf and, in the case of sanction or provisional sanction to the erection of a building, the occupancy or use group shall be specifically stated in such sanction.(6)Notwithstanding anything contained in the foregoing provisions of this section, sanction or refusal of sanction of building plan submitted through online under section 262A shall be communicated through online in such manner and in such form as may be prescribed.]
