section 309
Grounds on which permission to construct or reconstruct hut may be refused
The Puducherry Municipalities Act, 1973Infrastructure1973318 of 312 sections available1 chapters
Chapter IX FINANCE
Statutory text
(1) Permission to construct or reconstruct a hut may be refused on any of the following grounds, namely: --
- (a) that the work or use of the site for the work would contravene some specified provision of any law or some specified rule, byelaw, order or declaration made thereunder;
- (b) that the application for such permission does not contain the particulars or is not prepared in the manner required by the rules or bye-laws;
- (c) that any information or plan required by the Commissioner under the rules or bye-laws has not been duly furnished;
- (d) that streets have not been made as required by section 266; The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.
- (e) that the land on which the hut is to be constructed, or the street or streets on which such land abuts is not adequately drained, levelled or lighted;
- (f) that the proposed building would be an encroachment upon land belonging to or vested in the Central Government or any State Government or the municipal council; or
- (g) that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894.
- (2) Whenever the Commissioner or the standing committee or the council refuses to grant permission to construct or reconstruct a hut the reasons for such refusal shall be specifically stated in the order of the Commissioner or the resolution of the committee or council, as the case may be.
- • 310. Lapse of permission.- If the construction or reconstruction of any hut is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued. General
- • 311. Restriction on the power to refuse approval or permission for construction of buildings or huts.- Notwithstanding anything contained in section 297 or section 309, approval or permission shall not, without the previous sanction of the Government, be refused under section 297 or under section 309, as the case may be, on the ground that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894 and where such approval or permission is refused on the ground aforesaid, the provisions of the Land Acquisition Act, 1894 shall, within a period of six months from the date of such refusal, be applied to acquire the site if they have not already been put into force in respect of the site. External walls, alterations and additions
- • 312. Maintenance of external walls in repair.- The owner or occupier of any building adjoining a public or private street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the Commissioner. The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.
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