Jayanta Kumar Biswas, J. - (1.) The judgment of the Court was as follows:- The petitioner in this Article 226 petition dated February 14, 2006 is aggrieved by a resolution of the Board of Councillors, Uttarpara-Kotrung Municipality dated January 31, 2006, Annexure P7 at p.88, approving the findings of the Chairman of the Municipality dated January 16, 2006, Annexure P7 at pp.89-92.
(2.) The petitioner lodged a complaint that misrepresenting facts the private respondents obtained the Municipality's sanction to erect constructions. She wanted the Municipality to initiate proceedings under Section 217 of the West Bengal Municipal Act, 1993 for cancellation of the sanction and taking consequential steps and actions. Alleging that the Municipality did not give due attention to her complaint she moved W.P. No.21085 (W) of 2005 under Article 226. By an order dated January 28, 2005, Annexure P3 at p.59, the petition was disposed of directing the Municipality to initiate the requisite Section 217 proceedings, and the authority concerned to give a reasoned decision after giving the parties opportunity of hearing.' Under the circumstances, the Chairman recorded the findings and the Board of Councillors adopted the resolution approving the chairman's findings.
(3.) Section 217 of the West Bengal Municipal Act, 1993 is set out below: "217. Power to Board of Councillors to cancel permission on the ground of material misrepresentation by applicant.-If, at any time, sanction or provisional sanction to erect any building has been given and the Board of Councillors is satisfied that such sanction was given in consequence of any material misrepresentation or fraudulent statement contained in the plans, elevation sections or specifications or land or any material particulars submitted in respect of such building, it may cancel such sanction, and any work done thereunder shall be deemed to have been done without sanction.";