Grounds on which site of proposed building may be disapproved

Grounds on which site of proposed building may be disapproved.-

The Commissioner 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 291 or of any other provision of this Act or of any other enactment for the time being in force; or
2. (b) 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 which it is proposed to erect on such site

will, in the opinion of the Commissioner, obstruct or interfere with the construction in 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 Chief Executive Officer 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 there to, proceed with the erection of his building; or

1. (c) that the site has been re-claimed or used as a place for depositing sewage, offensive matter rubbish or then carcasses of dead animals or is otherwise in sanitary 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 not been sanctioned by the 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 provisions 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 Chief Executive Officer, require that the preparation of a town-planning scheme for the portion in which the site is situated shall be proceeded with as early as possible; and if the applicant is not informed in writing within twelve months of the date of the requisition that the Government have sanctioned the said town- planning scheme, he may subject to all the other provisions of this Act applicable there to proceed with the erection or re-erection of the building in respect of which the application was made.