(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.
