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106. It may be more convenient to proceed here from Section 342 to 347. Section 342 is part of the sub-division of Chapter XII that deals with notices regarding execution of works not amounting to the erection of a building. Section 342 also deals with notices to be given to the Commissioner of intention to make additions etc., or a change of user to a building. Those details need not detain us at present. Section 345 tells us when building or work may be proceeded with. This has reference to Section 342, and Section 337 (notice to be given to the Commissioner of intention to erect a building), Section 338 (permitting the Commissioner to require plans and other documents to be furnished), Section 340 (again regarding additional information) and Section 343 (plans and additional information).

107. What Section 345 tells us is that there exists a deeming provision. It works like this. If, within 30 days of the receipt of any notice under Section 337 or Section 342 or of the plan of other information called for in Sections 338, 340 and 343, the Commissioner does not in writing communicate his disapproval of the building or work proposed, then the project proponent may at any time but within one year from the date of delivery of the notice proceed with that building or work. Of course, there is a positive element too i.e., where the Commissioner approves the work in the question. But the work being done cannot contravene the provisions of the Act.

"347. When work may be commenced (1) No person shall commence to erect any building or to execute any such work as is described in section 342--

(a) until he has given notice of his intention as hereinbefore required to erect such building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period prescribed in this behalf in section 345 or 346; (aa) until he has given notice to municipal city engineer of the proposed date of commencement. Where the commencement does not take place within seven clear days of the date so notified, the notice shall be deemed not to have been given;

(Emphasis added)

109. Analysing this section Mr Chinoy states that it runs in a defined time sequence. It begins with a prohibition. None can commence the construction of any building or execute any work as described in section 342 unless there is a notice of intention to erect the building or commence work and the Commissioner has either intimated his approval or failed to do so under Section 345 that we have just seen and until that project proponent has given notice to the Municipal City Engineer of the proposed date of commencement. Sub-clause (b) of sub-section (1) then says that no person can commence the erection of any building or the execution of work after the expiry of one year period prescribed in Section 345 and 346 for proceeding with this.