Grant of licence by the Commissioner in certain cases

(1) Notwithstanding anything contained in sections 139, 140, 141 and 150, the Commissioner shall, on receipt of an application under sub-section (1) of section 140 for construction or reconstruction of any residential building on any land within the area of the hill station having plinth area,- (a) not exceeding two hundred and fifty square metres in the ground floor; or (b) not exceeding two hundred and fifty square metres in the ground floor and in the first floor in the aggregate; or (c) in the case of improvement or enlargement of an existing residential building, the construction of which does not exceed two hundred and fifty square metres, the remaining area for such improvement or enlargement of such building including first floor, in the aggregate, examine such application with reference to building rules prescribed for the purpose of this part and if he is satisfied that the grant of a licence will not result in the deterioration of scenic beauty or destruction of the environment and ecosystem of the hill station, he may grant a licence subject to such terms and conditions as he may think fit to impose, or refuse to grant a licence: Provided that the licence shall not be refused unless the applicant has been given an opportunity of making his representation. (2) (a) Any person aggrieved by an order of the Commissioner under subsection (1) may, within a period of sixty days from the date on which a copy of the order was communicated to him, prefer an appeal to the Government, in such form, in such manner and with such fee, as may be prescribed. (b) On receipt of an appeal under this sub-section, the Government shall, after giving the appellant an opportunity of being heard, pass such orders thereon as they deem fit. (c) Every order passed by the Government under this sub-section shall be final.