Municipal Board vs Om Prakash Kabari on 1 November, 1971
8. Learned counsel for the respondent relied on Briinandan Prosad v. Emperor. AIR 1945 All 232 wherein it has been laid down that the failure of the Board to pass a suitable order within a month of the receipt of the notice under Section 178 entitled the applicant to make the construction and that the Board in such a situation would be deemed to have sanctioned the proposed work. It does not appear from the facts of the aforesaid case, as narrated in the judgment, whether a written communication as contemplated under Sub-section (3) of Section 180 calling the attention of the Board to its omission or neglect had or had not been given. There is no discussion about this point in the case. In the present case the attention of the Board was not drawn to its omission or neglect to pass an order as specified under Sub-section (1) of Section 180. In the circumstances, the respondent1972was not entitled to construct the third and fourh storeys of the building as the Board could not be deemed to have sanctioned the proposed work.