(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 190 or in contravention of any scheme sanctioned under sub-section (3) or sub section (4) of Section 192 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 174 for the setting back of a building.[(1-a) 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] [Inserted by Punjab Act No. 17 of 1908.] to interfere with the enforcement of a scheme proposed under section 192, the Committee may refuse its sanction and in such case shall communicate its refusal in writing together with the grounds therefor, 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] [Inserted by Punjab Act No. 2 of 1931, item 13(a) Schedule II, as amended by Punjab Act No. 2 of 1934 and East Punjab Act No. 17 of 1948, in the case of those municipalities to which Punjab Act No. 2 of 1931, applies.] 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 232, the period prescribed above shall commence to run afresh from the date of communication of final orders by [***] [The words 'the Commissioner or' omitted, by Punjab Act No. 34 of 1953.] the State Government under section 235.]Explanation. - A scheme shall be deemed to have been proposed under section 192 if a requisition for its preparation has been received by the committee from the [Deputy Commissioner] [Substituted 'Commissioner' by Punjab Act No. 34 of 1953.] or if the preparation of the scheme is under the consideration of the committee.
