Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
(ii) The above three Acts are sought to be challenged in the Writ Petitions, as they are ultra vires of Articles 14 and 21 of the Constitution of India. The Supreme Court, in the case of Consumer Action Group v. State of Tamil Nadu, while upholding the validity of Section 113-A as a one-time measure, warned that it is high time that remedial measures were taken to check this pattern, as it retards development and jeopardises all purposeful plans of any city. The Court also cautioned that State's power of exemption under Section 113 of the Act has to be exercised with greater circumspection. Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception, only such deviations deserve to be condoned as are bona fide. The cases of professional builders stand on a different footing from an individual constructing his own building. Deliberate deviations do not deserve to be condoned and compounded.