Section 16 in Kolkata Municipal Corporation Building Rules, 2009
16. Grounds for refusal.
(1)The Municipal Commissioner may refuse sanction or provisional sanction for erection, re-erection, addition to or alteration of a building on anyone of the following grounds to be specifically recorded in the form as specified in Schedule VIII:-(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 the Act or these rules or any other rules or regulations made under the Act, 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 these rules,(c)that any information or document required by the Municipal Commissioner under the Act or these rules has not been duly furnished,(d)that in cases requiring a layout plan under section 364 or section 365 such layout plan has not been sanctioned in accordance with the provisions of the Act.(e)that the building or the work would be an encroachment on Government land or land vested with the Corporation,(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 or by any passage from such street,(g)that the conditions mentioned in sub-section (1) of section 406 has not been fulfilled or that it contravenes the provisions of sub-section (2) thereof,(h)that the erection of the building or the execution of any work affects or is likely to affect the sky-line or the aesthetic quality of urban or environmental design, or any public amenity therein or the functioning of radio communication systems for telecommunication purposes or purposes of civil aviation,(i)that in case where a building is intended to be erected for a purpose which is contrary to the provisions of the Act or any other law for the time being in force,(j)that in the case of re-erection, addition to or alteration of a building the intended purpose of which is such as may lead to such mixed occupancies as are contrary to the provisions of the Act or any other law for the time being in force,(k)that the arrear taxes payable to the Corporation have not been paid.(2)The Municipal Commissioner may, subject to the provision of sub-section (1) of section 405, refuse under clause (a) of that sub-section, sanction of any building which is intended to be erected at the comer of two or more streets.(3)The Municipal Commissioner shall refuse sanction to any building plan where prior approval of the Mayor-in- Council in this regard is necessary and such approval has not been given.(4)If the Municipal Commissioner, having regard to-(a)the existing water supply, sewerage and drainage system in any ward or part thereof, or(b)the traffic carrying capacity of a street in any ward or part thereof, is of the opinion that the erection of any building or execution of any work in such ward or part thereof will put additional burden on the existing civic services, he may sanction the erection of such building or execution of such work subject to such restrictions or conditions, including uses, as he may deem fit to impose:Provided that no such action shall be taken by the Municipal Commissioner without scrutiny of such case by the Municipal Building Committee and without prior approval of the Mayor-in-Council.
