Section 287: Notice of laying out lands for building and for private streets

(1) Every person who intends —\br @s (a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon;\br @s (b) to divide land (whether unbuilt or partly built) into building plots ; or\br @s (c) to use any land or a portion thereof or permit the same to be used for building purposes ; or\br @s (d) to make or lay out a private street, whether it is intended to allow the public a right of passage of access over such street or not ;\br @s shall give written notice of his intention to the 1Municipal Commissioner in the manner laid down in the rules and bye-laws.\br @s (2) The 1Municipal Commissioner shall proceed with the notice under sub-section (1) in the manner prescribed by rules and bye-laws and subject to such general directions as the Executive Committee may give in this behalf from time to time, determine the laying out of land for building, the dimensions and area of each building plot, the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or on either side of such street :\br @s Provided that if the 1Municipal Commissioner neglects or omits for sixty days after the receipt of the notice under sub-section (1) or of the plans, sections, descriptions, schemes, or further information, if any, called for under the rules, to communicate to the person who gave the notice his disapproval with regard to any of the matters such person may, by a written communication call the attention of the 1 Municipal Commissioner to the neglect or omission and if such neglect or omission and if such neglect or omission continues for a further period of thirty days from the date of the receipt of the written communication by the 1Municipal Commissioner, the proposal of the said person shall be deemed to have been approved by the 1Municipal Commissioner :\br @s Provided further that nothing contained herein shall be construed to authorize any person to act in contravention of any provisions of the Act or any bye-laws.\br @s (3) When the 1Municipal Commissioner signifies in writing to the said person his approval of the said work under certain conditions or without any conditions, or when the said work is deemed to have been approved by the 1Municipal Commissioner as aforesaid, the said person may at any time within one year from the date of the delivery of the notice under sub-section (1) to the 1Municipal Commissioner, proceed with the said work in accordance with the intention as described in the notice or in any of the documents aforesaid and in accordance with the conditions, if any, prescribed by the 1Municipal Commissioner, but not so as to contravene any of the provisions of this Act or any rule or bye-law.\br @s