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Showing contexts for: Building deviation in M.D. Narayan vs State Of Karnataka And Others on 8 September, 1997Matching Fragments
4. To justify the enactment of the Act, the respondents have submitted that after the State Cabinet passed a resolution deciding to pass the Validating Act, the State Assembly passed the Bill on 28th February, 1996 which was ratified by the Legislative Council on 29th February, 1996. The assent of the Governor was received on 14th March, 1996. A notification was issued on 15th March, 1996 calling upon the builders to apply for regularisation. It is submitted that the Act not only validates the building constructed in accordance with the sanctioned plan and deviating from the Zonal Regulations but also regularises buildings which are constructed deviating from the permission granted by the Bangalore City Corporation. It is contended that the effect of the Act is that even in a case where there is deviation from the sanctioned plan, such deviations can be regularised under the Act. The Act not only validates the building licences of the Palace Orchards and Rajmahal Apartments, but also encompasses within its fold several buildings which are stated to have been constructed as per the sanctioned plan deviating from the Zonal Regulations and buildings constructed deviating from the sanctioned plan itself. It is vehemently denied that the Act has been passed only to nullify the judgments pertaining to the apartments in question. The contention of the petitioners that the Act was unconstitutional for the reason that it tries to nullify the judgments of the Courts has been vehemently denied. The statement of objects and reasons cannot be made the basis for arriving at a conclusion that the Act was intended to nullify the judgments of this Court and that of the Supreme Court. The Act is stated to have amended the Zonal Regulations which existed during the period from 22-5-1972 to 12-10-1984. The then existing Bye-law No. 38 provided that no person erecting or re-erecting a building on a site shall so construct that any point of it is at a height greater than 1 1/2 times the width of the street including drain and pavement immediately in front of such building and in no case more than 80 feet. The Zonal Regulations, 1972, provided that the height of the building should not exceed 55 feet. It is submitted that the aforesaid discrepancy has been sought to be set right by the Act. The Act has modified the Zonal Regulations, 1972 thereby permitting the maximum height of the building from 17 metres to 50 metres. It is stated that the Act does not in any way affect the correctness of the judgment. The direction of the Court is claimed to be only to modify the licence to bring it in conformity with the Zonal Regulations. It is contended that the Act does not in any way invalidates the relief granted in the writ petition. The legislature is claimed to have not exercised any judicial power. It is submitted that the validity of the legislation cannot be judged by the undertaking given by a party in a litigation. The legislature has not declared a specified judgment to be not binding. The Act only alters the Zonal Regulation with retrospective effect. The said legislation has not favoured any individual. The contention of the petitioner that the Act was a colourable piece of legislation has been vehemently denied. The writ petition is stated to be misconceived and liable to be dismissed.
3. Regularisation of certain constructions.--(1) Notwithstanding anything contained in the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) or in the said Zonal Regulations as modified by this Act if any person after obtaining permission from the Corporation of the City of Bangalore during the period from 22nd May, 1972 to 12th October, 1984 has constructed any building deviating from the said Zonal Regulations as modified by this Act or the permission granted by the Corporation of the City of Bangalore such person may within thirty days from the date of commencement of this Act, apply to the State Government for regularisation of such construction in accordance with the provisions of this section.
(i) the situation of the building;
(ii) the nature and extent of deviation;
(iii) any other relevant factors:
Provided that the amount so determined shall not be less than an amount equivalent to one and half times the then market value of such construction.
(4) The State Government may, on receipt of the recommendation of the committee and after payment of the amount by the appellant towards regularisation of such construction order for regularisation of the construction.
4. Validation.--Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority, any permission to construct building granted by the Corporation of the City of Bangalore during the period from 22nd May, 1972 to 12th October, 1984 and building constructed in pursuance to such permission and regularised under Section 3 shall be deemed to have been validly granted or constructed and shall have effect for all purposes as if the permission had been granted and buildings had been constructed in conformity with the said Zonal Regulations as modified by this Act, and accordingly: