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State of Nagaland - Section

Section 348 in Nagaland Municipal Act, 2001

348. When building or work may be proceeded with.

(1)Where within a period of forty-five days of the receipt of any notice under section 343 or of any information under section 346, the Chief Officer of the Municipality does not refuse the sanction to the erection of any building or the execution of any work or, upon refusal, does not communicate the refusal to the person, who has given the notice, such person, may make a representation to the Chief Officer, in the case of a Municipal Council or a Town Council in such manner, as may be prescribed, within a period of thirty days after the expiry of forty-five days:Provided that if it appears to the Chief Officer that the site of the proposal building or work is likely to be affected by any scheme of acquisition of and for any public purpose of by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Chief Officer may, withhold sanction to the erection of the building or the execution of the work for such period, not exceeding six months, as he may deem fit, and the period of forty-five days specified in this sub-section, shall be deemed to commence from the date of expiry of the period for which the sanction has been withheld.
(2)The decision of the Chairperson, as the case may be, shall be communicated to the person making the representation within a period of forty-five days from the date of receipt of the representation.
(3)Where the decision of the Chairperson, as the case may be, is not communicated to the person making the representation within the period specified in sub-section (2), the erection of the building or the execution of the work, shall be deemed to have been sanctioned.
(4)Where the erection of a building or the execution of a work is sanctioned or is deemed to have been sanctioned, the person who has given notice under sub-section (1) of section 343, shall erect the building or execute the work in accordance with such sanction or in accordance with such notice and shall not contravene any of the provisions of this Act or the rules or regulations made thereunder or of any other law in force for the time being.
(5)If the person as aforesaid or anyone lawfully claiming under him, does not commence the erection of the building or the execution of any work within a period of one year from the date on which the erection of the building or the execution of the work is sanctioned or is deemed to have been sanctioned, he shall give a fresh notice under sub-section (1) of section 343 for fresh sanction.