Section 297 of Madhya Pradesh* Municipal Corporation Act, 1956 — Grounds on which permission to erect or re-erect building may be refused.-
Bare section text
Official Legislative Text
(1) The Commissioner shall not grant permission to erect or re-erect any building unless and until he has approved of the site thereof on an application under sub-section 294. (2) The Commissioner shall not grant permission to erect or re-erect any building. (a) if the plans and specifications submitted with the application show that such building is not in accordance with a town-planning scheme sanctioned under section 291, or with any provision of this act, or any rule or byelaw made there under , or any provision of any law for the time being in force; or (a-1) if in his opinion the erection or re-erection of such building would be a nuisance or injurious to the inhabitants of the neighbourhood or to the public, or (b) unless and until any plans, specifications or particulars called for by him are supplied.
Educational Study Layer
Summary
- The Commissioner must not grant permission to erect or re-erect any building unless and until the site has been formally approved under Section 294.
- Permission to erect or re-erect must be refused if the submitted plans and specifications do not accord with a town-planning scheme sanctioned under Section 291 or violate any provision, rule, or byelaw of this Act or other applicable law.
- The Commissioner must refuse building permission if, in the Commissioner's opinion, the proposed erection or re-erection would be a nuisance or injurious to neighbours or the public.
- The Commissioner must withhold building permission unless and until the applicant supplies all plans, specifications, or particulars called for by the municipal authority.
Practical examples
FAQ
1. What is the mandatory first step before building permission can be granted under Section 297 of this Act?
Under Section 297 of this Act, the Commissioner is prohibited from granting building permission unless and until the site has been approved on an application made under Section 294.
2. Can the Commissioner refuse building permission under Section 297 of this Act on grounds of public nuisance?
Under Section 297 of this Act, the Commissioner must refuse permission if in the Commissioner's opinion the proposed erection or re-erection would be a nuisance or injurious to the inhabitants of the neighbourhood or to the public.
3. What happens under Section 297 of this Act if an applicant refuses to provide documents requested by the Commissioner?
Under Section 297 of this Act, permission cannot be granted unless and until any plans, specifications, or particulars called for by the Commissioner are supplied.
4. How does a town-planning scheme under Section 291 impact building applications under Section 297 of this Act?
Under Section 297 of this Act, the Commissioner must refuse permission if the plans and specifications show that the proposed building does not accord with a town-planning scheme sanctioned under Section 291.
Practice Quiz
Q1.Under Section 297 of this Act, which statutory condition is an absolute prerequisite before the Commissioner can grant permission to erect a building?
Q2.Under Section 297 of this Act, what finding regarding the local impact of a proposed building requires the Commissioner to refuse permission?
Q3.An applicant submits an incomplete application and fails to deliver the foundation soil test reports demanded by the Commissioner. Under Section 297 of this Act, what must the Commissioner do?
Q4.Under Section 297 of this Act, read alongside Section 291, what outcome must follow if submitted building plans conflict with a sanctioned town-planning scheme?