Section 424 in The Calcutta Municipal Corporation Act, 1980
424. Permission in case of other non-residential uses of premises. -
(1)The Municipal Commissioner may, from time to tome and with the prior approval of the Mayor-in-Council, notify such other non-residential uses of premises (including the one for an educational building or an institutional building or an assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building) as are not provided for in this Chapter and in the case of which prior permission of the Municipal Commissioner shall be necessary, subject to the provisions of section 425, for establishing, or materially altering, or enlarging, or extending the use of, any such premises.(2)The Municipal Commissioner may refuse to give such permission in any case on the ground that such use -(a)would be objectionable by reason of the density of population in the neighbourhood, or(b)would add to the traffic constraints in the vicinity including parking spaces, for vehicles, or(c)would not conform to other predominant uses in the neighbourhood, or(d)would constitute a fire hazard, or(e)would be a nuisance to the inhabitants of the neighbourhood, or(f)in the case of a hospital or clinic would be harmful to the patients due to noise or an environment which poses a health hazard, or(g)in the case of an educational building would deprive the students of playground facilities, or on any other similar ground.(3)Subject to any land use control under this Act or any other law for the time being in force, the Municipal CommissionerÂ’s decision in refusing permission under this section shall be final.
