Where within a period of forty-five days of the receipt of any notice under section 343 or of information under section 346, the Chief Officer of the Municipality does not refuse the sanction to the erection of any building or the execution of any work or, upon refusal, does not communicate the refusal to the person, who has given the notice, such person, may make a representation to the Chief Officer, in the case of a Municipal Council or a Town Council in such manner, as may be prescribed, within a period of thirty days after the expiry of forty-five days:
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Provided that if it appears to the Chief Officer that the site or the proposal building or work is likely to be affected by any scheme of acquisition of and for any public purpose of by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Chief Officer may, withhold sanction to the erection of the building or the execution of the work for such period, not exceeding six months, as he may deem fit, and the period of forty-five days specified in this sub-section shall be deemed to commence form the date of expiry of the period for which the sanction has been withheld.
2. The decision of the Chairperson, as the case may be, may be, shall be communicated to the person making the representation within a period of forty five days from the date of receipt of the representation.
3. Where the decision of the Chairperson, as the case may be, is not communicated to the person making the representation within the period specified in sub-section (2), the erection of the building or the execution of the work, shall be deemed to have been sanctioned.
4. Where the erection of a building or the execution of a work is sanctioned or is deemed to have been sanctioned, the person who has given notice under sub-section (1) of section 343, shall erect the building or execute the work in accordance with such sanction or in accordance with such notice and shall not contravene any or the provisions of this Act or the rules or regulations made thereunder or of any other law in force for the time being.
5. If the person as aforesaid or anyone lawfully claiming under him, does not commence the erection of the building or the execution of any work within a period of one year from the date on which the erection of the building or the execution of the work is sanctioned or is deemed to have been sanctioned, he shall give a fresh notice under sub-section (1) of section 343 for fresh sanction.
349. Order of stoppage of buildings orworks in certain cases,- Where in the municipal are of a Municipality, the erection of any building or the execution of any work has been commenced or is being carried on,- a. without or contrary to the sanction referred to in section 346; or b. in contravention of any condition subject to which such sanction has been accorded; or C. in contravention of any provisions of this Act or the rules or the regulations made thereunder, the Chief Officer of the Municipality 410 may, in addition to any other action that may be taken under this Act, by order, require the person at whose instances the building or the work has been commenced or is being carried on to stop the same forthwith.
2. No Court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Officer to restrain him from taking any action or making any order in pursuance of this section.
3. If an order made by the Chief Officer under subsection (1) of this section or under section 352, directing any person to stop the erection of any building or the execution of any work, is not complied with, the Chief Officer may take such measures, as he deems fit or may require a Police Officer to remove such person and all his assistants and workman from the premises within such time, as maybe specified by the Chief Officer and such Police Officer shall comply with such requirements.
4. After the requirement under sub section (3) has been complied with, the Chief Officer, may, if he thinks fit depute, by a written order, a Police Officer or an Officer or other employees of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
5. Where a Police Officer or an Officer or employee of the Municipality has been deputed under sub section (4) to watch the premises, the cost of such deputation, to be determined by the Municipality by regulations, shall be paid by the person at whose instance such erection or execution is being carried or who was ordered to stop erection of the building or the execution of work under sub section (1), and shall be recoverable from such person as arrears of Tax under this Act.