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AO(St.)-22038-18-Group.doc

64. The Hon'ble Apex Court has also in this respect relied upon its observations in the case of Priyanka Estates International Pvt. Ltd. Vs. State of Assam, (2010) 2 SCC 27, wherein the prayer for regularizing the illegal construction was declined by observing as follows :-

"It is a matter of common knowledge that illegal and unauthorized constructions beyond the sanctioned plans are on rise, may be due to paucity of land in big cities. Such activities are required to be dealt with by firm hands, otherwise builders/colonisers would continue to build or construct beyond the sanctioned and approved plans and would still go scot-free. Ultimately, it is the flat owners, who fall prey to such activities as the ultimate desire of a common man is to have a shelter of his own. Such unlawful constructions are definitely against the public interest and hazardous to the safety of occupiers and residents of multi-storeyed buildings. To some extent, both parties can be said to be equally responsible for this. Still the greater loss would be of those flat owners, whose flats are to be demolished as compared to the builder."