Section 344 in Arunachal Pradesh Municipal Act, 2007
344. Sanction or provisional sanction of refusal of building or work.
(1)Subject to the provision of section 340, the Chief Municipal Executive Officer/ Municipal Executive Officer shall sanction, or provisionally sanction the erection of a building of the execution of a work within the municipal area, unless such building or work would contravene any of the provision of sub-section (2) of this section or the provision of section 355 or section 357.Provided that no such sanction shall be accorded without the prior approval of the Empowered Standing Committee in the case of any building, except a residential building proposed to be erected or re-erected on a plot of land of five hundred square meters or less:Provided further that the Empowered Standing Committee shall consider the recommendation of the Municipal Building Committee, and shall finalize its decision after such consideration.(2)The sanction for erection of a building or execution of a work may be refused on the following grounds, namely :(a)that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of this Act or the rules or the regulations made thereunder or of any other law for the time being in force or any scheme sanctioned thereunder,(b)that the notice for sanction does not contain the particulars or is not prepared in the manner, required under the rules or the regulations made in this behalf under this Act,(c)that any information or document required by the Chief Municipal Executive Officer/ Municipal Executive Officer under this Act or the rules or the regulations made thereunder has not been duly furnished,(d)that the building or the work would be an encroachment on the State Government land or land vested in the Municipality, and(e)that the site of the building or the work does not abut on a street or projected street and that there is no access to such building or work from any such street by any passage or pathway appertaining to such site.(3)Notwithstanding anything contained in this Act, the Chief Municipal Executive Officer/ Municipal Executive Officer may while granting permission under this chapter, specify such special conditions relevant to each case, regarding disposal of solid, liquid or gaseous wastes or for parking of vehicles or for loading or unloading of goods or for abatement of nuisance of any kind whatsoever as he deems fit.(4)The Chief Municipal Executive Officer/ Municipal Executive Officer shall communicate the sanction or the provisional sanction to the person who has given the notice under section 341 or section 342 and where he refuses sanction or provisional sanction, either on any of the grounds specified in sub-section (2) or under section 355 or section 357, he shall record a brief statement of his reasons for such refusal in writing and shall communicate the refusal along with the reason therefor to the person who has given the notice.(5)The sanction or the provisional sanction or the refusal of sanction to the erection of a building or the execution of a work shall be communicated in such manner as may be prescribed and in the case of sanction or provisional to the erection of a building, the occupancy or use group shall be specifically stated in such sanction.
