JKMC Act 246अध्याय XIV · Building Regulations

धारा 246 · Sanction or refusal of building or work

(1)

The 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) of this section or the provisions of section 250.

(2)

The grounds on which the sanction of a building or work may be refused shall be the following namely :-

(a)

that the building or work, or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law ;

(b)

that notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf ;

(c)

that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished ;

(d)

that in cases falling under section 222 lay out plans have not been sanctioned in accordance with section 223 ;

(e)

that the building or work would be an encroachment on Government land or land vested in the Corporation ;

(f)

that the site of the building or 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 a passage or pathway appertaining to such site ;

(g)

that the building or work would be in contravention of any scheme sanctioned under section 260 ; and

(h)

that a building for habitation, does not provide for a flush or a water seal latrine.

(3)

The Commissioner shall communicate the sanction to the person who has given the notice ; and where he refuses sanction on any of the grounds specified in sub-section (2) of this section or under section 250 he shall record a brief statement of his reasons for such refusal and communicate the refusal alongwith the reasons therefore to the person who has given the notice.

(4)

The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf.

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