208. Sanction to be deemed to have been granted if the Board of Councilors defaults in according sanction.
- If. within the period referred to in section 207, the Board of Councilors has neither. accorded nor refused to accord sanction to a building plan, nor granted permission to execute a work, [the applicant may appeal to the Municipality, in writing, in this regard, and if the appeal as aforesaid is not disposed of within 30 days from the date of the appeal, [Inserted by the West Bengal Act 32 of 1997. w.e.f 18.3.1998.] [***] [Words 'this section' omitted by the West Bengal Act 22 of 2000, w.e.f 1.9.2000.] such sanction or permission shall be deemed to have been granted; and the applicant may proceed to execute the work; so, however, that nothing in this section shall be deemed to have permitted the applicant to contravene any of the provisions of this Act or of the rules made under section 198 or of any rules or regulations applying to such work.[208A. Validity and duration of permission for erection or construction of structure or building under West Ben. Act XLI of 1973. - Notwithstanding anything contained in this Chapter or elsewhere in this Act or in the West Bengal Panchayat Act, 1973, permission granted under that Act for erection or construction of any new structure or building or addition to any structure or building in any area shall, upon the constitution of such area a municipal area,-(a)be deemed to have been granted under this Act, and(b)remain valid for one year from the date of constitution of such area a municipal area [or for such period for which it was granted under the West Bengal Panchayat Act. 1973, whichever is greater.] [Substituted by section 28 of the W. B. Act 16 of 2002, w.e.f. 2.9.2002 for 'unless the Board of Councilors, on an application made in this behalf, allows an extension of such period'.][***] [[Proviso added by West Bengal Act 32 of 1997, w.e.f. 18.3.1998., formerly proviso was as under omitted by s. 29, ibid, w.e.f. 2.9.2002.'Provided that if such structure or building under the plan approved under the West Bengal Panchayat Act. 1973, has not been constructed, either in full or in part, before the constitution of the Municipality under this Act, the plan shall be revalidated by the Municipality before the completion of the work in respect of part construction or before the commencement of the work in respect of new construction'.]]
