Grounds on which site of proposed building may be disapproved.

The

Commissioner may on all or any of the following grounds may refuse to approve the site on which an applicant proposes to erect, or re-erect any building:—

1. (a) that the erection or re-erection of the proposed building on such site would be in contravention of a town planning scheme under section 255 or of any other provisions of this Act or any other enactment for the time being in force; or
2. (b) that the site is in a portion within the limits of the city in which the position and

direction of the streets have not been determined, and that the building on which it is proposed to erect on such site will, in the opinion of the Commissioner will obstruct or interfere with the construction in the future of suitable streets in such portion or with the drainage, water supply or ventilation thereof: Provided that any person to whom permission to erect or re-erect a building on such a site has been refused may, by written notice to the Commissioner require that the position and direction of streets to be laid down in future in the vicinity of the proposed building should be forthwith determined, and if such requisition is not complied with within one year from the date thereof, may, subject to all other provisions of this Act applicable thereto, proceed with the erection of his building; or

1. (c) that the site has been reclaimed or used as a place for depositing sewage, offensive matter or rubbish or the carcasses of dead animals or is otherwise unsanitary or dangerous to health; or
2. (d) that the site is in a portion within the limits of the city for which a town planning scheme has been sanctioned by the State Government and that the building which it is proposed to erect or re-erect on such site will in the opinion of the Commissioner be likely to conflict in a manner, to be communicated in writing to the applicant, with the provision of a town planning scheme: Provided that any person to whom permission to erect or re-erect a building on such a site has been refused may, by written notice to the Commissioner, require that the preparation of a town planning scheme for the portion in which the site is situated shall be proceeded as early as possible; and if the applicant is not informed in writing within twelve months of the date of the requisition that the State Government has sanctioned

the said town planning scheme, he may, subject to all the other provisions of this Act applicable thereto, proceed with the erection or re-erection of the building in respect of which the application was made.