Notwithstanding the existence of any markets or shops on any such street, such refusal of the Chief Officer shall be final.

Permission in case of other non-residential uses or premises.- The Chief Officer of a Municipality may, from time to time and with the prior approval of the Municipal, notify such other non-residential uses of premises (including the one for an educational building or an institutional building or any assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building), as are not provided for in this Chapter and in the case of which, prior permission of the Chief Officer shall be necessary subject to the provisions of section 370, for establishing, or materially altering, or enlarging, or extending the use of any premises.

2. The Chief Officer may, refuse to give such permission in any case on the ground that such case.- a. would be objectionable by reason of the density of population in the neighborhood; or b. would add to the traffic constraints in the vicinity including parking spaces for vehicles; or C. would not conform; to other predominant uses in the neighbourhood; or d. would constitute a fire hazard; or e. would be a nuisance to the inhabitants of the neighbourhood; or f. in the case of a hospital or a clinic, would be harmful to the patients due to noise or an environment, which poses a health hazard; or 9-

in the case an educational building, would deprive the students of playground facilities, or any other similar ground.

3. Subject to any land use control under this Act or any other law for time

being in force, the decision of the Chief Officer in refusing permission under this section, shall be final.