Section 396(1) in Kolkata Municipal Corporation Act, 1980
(1)The Municipal Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) or sub-section (3) of this section or the provisions of section 405 or section 406 :Provided that no such sanction shall be accorded without the prior approval of the Mayor-in-Council in case of any building, except a residential building, proposed to be erected or re-erected on a plot of [500 square metres or less of land, or a heritage building :] [Substituted by section 29(1) of the Calcutta Municipal Corporation (Amendment) Act. 1997 (West Bengal Act 26 of 1997), w.e.f. 22.12.1997, for 500 square metres or less of land.]Provided further that the Mayor-in-Council shall consider the recommendations of the Municipal Building Committee [and those of the Heritage Conservation Committee] [Inserted by section 29(2), ibid, w.e.f. 22.12.1997.] and shall finalize its decision after such consideration.