72. (1) If any person desires to erect, re-erect or add to any wall (exceeding ten feet in height) or building which falls within a street alignment or building line of a projected public street or within the area of a projected open space as shown in any plan sanctioned by the Government under sub-section (4) of section 70, he shall submit an application in writing to the Chairman for permission so to do: Provided as follows:- No such application shall be necessary for permission to erect or re-erect, between a building line and the street alignment,-(a) a porch or balcony, or (b) along not more than one-third of the frontage, an out-house not exceeding fifteen feet in height. (2) The Chairman shall in no case refuse an application submitted under sub-section (1) if the applicant executes an agreement binding himself and his successors-in-interest to remove, without compensation, any wall or building to which that application relates, in the event of the Kartripakkha - (a) deciding (at any time after an improvement scheme has been sanctioned under section 50 for an area within which such building or wall is situated) that the said wall or building, or any portion thereof, ought to be removed, and (b) calling upon the owner for the time being, by written notice, to remove the same within a time (not being less than sixty days from the date of the service of the notice) to be specified in the said notice. (3) If the Chairman does not, within forty-five days after the receipt of an application under sub-section (1), grant or refuse to grant the permission applied for, such permission shall be deemed to have been granted. (4) If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls- (i) within the street alignment, or (ii) between the street alignment and the building line of a projected public street, or (iii) within the area of a projected open space, the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Kartripakkha, at any time within three months from the date of such refusal either- (a) to pay him compensation for any damage sustained by him in consequence of such refusal, or (b) to acquire so much of his land as falls within the street alignment, or between the street alignment and the building line, or within the open space, as the case may be; and the Kartripakkha shall thereupon- in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, and in case (b), forthwith take steps to acquire the said land: Provided that, in the case of such land as falls within street alignment only, it shall be optional with the Kartripakkha to acquire the same in lieu of paying compensation therefore. (5) An appeal, if preferred within sixty days of the order of refusal under sub-section (4), shall lie to the Kartripakkha against such order, and the decision of the Kartripakkha on such appeal shall be final.