3.1.1 Site not Eligible for Construction of Building

No piece of land shall be used as a site for the construction of building,

i) If the Authority considers that the site is insanitary, incapable of being well drained or is dangerous to construct a building on it;

ii) If the entire site is within a distance of 6.0 m. from the edge of water mark of a minor water course (like nallah, canal) and 15.0 m. from the edge of water mark of a major water course (like river) shown on Development Plan / Regional Plan or village / city survey map or otherwise;

Provided that where a minor water course passes through a low lying land without any well- defined banks, the owner of the property may be permitted by the Authority to canalise water course within the same land without changing theoverall alignment and the position of the inlet and outlet of the water course according to cross section as determined by the Authority. In such case, marginal open space shall beas stipulated under these regulation and shall be measured from edge of the trained nallah;

iii) If the site is hilly and having gradient more than 1:5;

iv) If the site is not drained properly or is incapable of being well drained;

v) If the owner of the building has not proposed appropriate measures required to safeguard the construction from constantly getting damp to the satisfaction of the Authority;

vi) In case the building is proposed on any area filled up with carcasses, excreta, filth and offensive matter, then certificate from the Authority to the effect that it is safe from the health and sanitary point of view, to be built upon, is required;

vii) If the use of the site is for the purpose, which in the opinion of the Authority will be a source of annoyance to the health and comfort of the inhabitants of the neighbourhood;

viii) If the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans / Regional Plan or Zoning Regulations;

ix) If the level of the site is less than prescribed datum level depending on topography and drainage aspects;

x) If it doesn‘t derive access from an authorized street/means of access of adequate width as described in these Regulations;

xi) If it is within the river and blue flood line of the river (prohibitive zone), unless otherwise specified in these regulations;

xii) If the site is within the boundary of Coastal Regulation Zone where CRZ Regulation does not allow development;

xiii) If the site is not developable by virtue of restrictions imposed under any law or guidelines of any Government Department;

xiv) If the entire site is within a distance of 50.0 m. from the mean high flood level of a wetland. The mean shall be calculated as per the provisions of Wetlands (Conservation and Management) Rules, 2017.