404. Sanction or provisional sanction or refusal of building or work.
(1)The Chief Officer of a Municipality shall, sanction or provisionally sanction the erection of a building or the execution of a work within the municipal area, unless such building or work would contravene any of the provisions of sub-section (2) or sub-section (3) of this section or the provisions of section 420 or section 421 :Provided that no such sanction shall be accorded without the recommendation of the Municipal Building Committee where necessary, made under sub-section (8) of section 399.(2)The sanction for erection of a building or execution of a work, may be refused on the following grounds, namely :-(a)that the building or the work or the use of the site for the building or the work or 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 or any scheme sanctioned under such law;(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 Chief Officer 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 any other law for the time being in force, 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 land vested in the Government, or the Central or any other State Government, or the Municipality; and(f)that the site of the building or the work does not abut, 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 building, a licence or permission is required from any Department of the Government, or the Central or any other State Government, or any 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 :Provided further that the erection or re-erection of a building shall not commence on the basis of a provisional sanction.(4)The Chief Officer shall communicate the sanction or the provisional sanction to the person, who has given the notice under section 401 and where sanction or provisional sanction either on any of the ground specified in sub-section (2) of this section, or under section 415 or section 420 is refused, he shall record a brief statement of his reasons for such refusal and shall, communicate the refusal along with the reasons therefor to the person, who has given the notice :Provided that all the grounds for refusal, shall be communited at one time.(5)The sanction or the provisional sanction or the refusal of sanction to the erection of a building or the execution of a work, shall be communicated in such manner, as may be prescribed and, in the case of sanction or provisional sanction to the erection of a building the occupancy or use groups, shall be specifically stated in such sanction.(6)In case of refusal of sanction to the erection of a building or execution of a work under this section, the person, who has given notice, may apply for a fresh sanction after complying with the provisions of this Chapter.
