Powers of Chairman to refuse erection or re-erection of buildings

A. Powers of Chairman to refuse erection or re-erection of buildings.--(1) The Chairman shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under this Act OR in contravention of any scheme sanctioned under the Jammu and Kashmir State Town Planning Act, 1963.

1. (2) The Chairman may refuse to sanction the erection or re-erection of any building for any other reasons, to be communicated in writing to the applicant, which he deems to be just, such as if the building on the land, on which it is proposed to erect or re-erect such building, is Government property or vests in the Committee and the consent of the Government or, as the case may be, of the Committee has not been obtained, or if the title to the land is in dispute between such person and the Committee or the Government.
2. (3) Subject to the provisions of sub-section (1), the Chairman may sanction the erection or re-erection of any building either absolutely or subject to such modification in accordance with the bye-laws and rules as he may deem fit.
3. (4) Notwithstanding anything contained in sub-section
4. (1) or sub-section
5. (2) but subject to the provisions of bye-laws made in this behalf under this Act, if the Chairman neglects or omits, within sixty days of the receipt from any person of a valid notice of such person's intention to erect or re-erect a building or within one hundred and twenty days, if the notice relates to a building on the same or part of the same site, or within thirty days if the erection of a building has been refused within such period, to pass orders, sanctioning or refusing to sanction such erection or re-erection shall, be deemed to have been sanctioned, provided that no person shall be entitled to erect or re-erect such buildings in contravention of any bye-law or any general or special order made under this Act or any scheme sanctioned for the construction of buildings in any particular area : Provided that, should a resolution conveying or refusing such sanction be suspended under section 68 the period prescribed by sub-section
6. (4) shall commence to run afresh from the date of communication of final orders by the Minister Local Self Government or the Government : Provided further that if not less than one-fifth of the members submit a notice in writing registering the protest against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.