205. Powers of committee to sanction or refuse erection or re-erection of buildings.
(1)The committee or the Executive Officer, as the case may be, shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under sub-section (1) of Section 202 or in contravention of any scheme mentioned under sub-section (3) or sub-section (4) of Section 203, unless it be necessary to sanction the erection of a building in contravention of such a scheme owing to the committee's inability to pay compensation as required by Section 184 for the setting back of a building.(2)When the erection or re-erection of a building is likely, in the opinion of the committee or the Executive Officer, as the case may be, to interfere with the enforcement of a scheme proposed under Section 203, the committee may refuse its sanction, and in such case shall communicate its refusal in writing together with the ground therefore, to the applicant within sixty days of the receipt of his application, and the applicant may thereafter by written notice require the committee to proceed with the preparation of the proposed scheme with all possible speed. The application shall be deemed to have been sanctioned if an order of refusal is not passed by the committee, or the Executive Officer, as the case may be within the time specified above, or if the proposed scheme has not received the sanction of the State Government within twelve months of the date of delivery of the applicant's written notice hereinbefore referred to :Provided that should a resolution refusing such sanction be suspended under section 246, the period prescribed above shall commence to run afresh from the date of communication of final orders by the Commissioner of the Deputy Commissioner under Section 249.Explanation. - A scheme shall be deemed to have been proposed under Section 203 if a requisition for its preparation has been received by the committee from the Deputy Commissioner or if the preparation of the scheme is under the consideration of the committee.(3)The committee, or Executive Officer, as the case may be, may refuse to sanction the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it, or he as the case may be, deems to be just and sufficient as affecting such building, or if the land, on which it is proposed to erect or re-erect such building is vested in the Government or in the committee and the consent of the Government concerned or, as the case may be, of the committee has not been obtained, or if the title to the land is in dispute between such person, and the committee or any Government.(4)Subject to the provisions of sub-section (1) the committee or the Executive Officer, as the case may be, may sanction the erection or re- erection of any building either absolutely or subject to such modifications in accordance with the bye-laws and rules as it, or he, as the case may be, may deem fit.(5)Notwithstanding anything contained in sub-section (1) or sub-section (3) but subject to the provisions of sub-section (2) of Section 202 and sub- section (2) of this section if the committee or the Executive Officer, as the case may be, neglects, or omits, within sixty days of the receipt from any person of a valid notice of such person's intention to erect or re-erect a building, or within one hundred and twenty days, if the notice relates to a building, on the same or part of the same site, on which sanction for the erection of a building has been refused within the previous twelve months, to pass orders sanctioning or refusing to sanction such erection or re-erection shall, unless the land on which it is proposed to erect or re-erect such buildings belongs to or vests in the committee, be deemed to have been sanctioned, except in so far as it may contravene any bye-law, or any building or town planning scheme sanctioned under section 203:Provided that should a resolution conveying or refusing such sanction be suspended under Section 246, the period prescribed under this sub-section shall commence to run afresh from the date of communication of final orders by the Commissioner or the Deputy Commissioner under Section 249:Provided further that if not less than one-fifth of the members present vote against a resolution, conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.
