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Showing contexts for: Building deviation in Rajendra Kumar Mohatta vs New Delhi Municipal Committee & Anr. on 25 September, 1998Matching Fragments
2. The provisions of Section 195-B of the Punjab Municipal Act, 1911 are not attracted to the facts of the present case. Section 195-B can be invoked either before or after invoking the provisions of Section 195-A and not independent of the said provisions. Where action for demolition is not permitted or possible under the law, the provisions of Section 195-B cannot be invoked. In the present case, admittedly no show cause was passed. The construction being made at the site is in consonance with the bye-laws and profile of the building plan. If any deviation is made outside the plan the same is permissible under the Building Bye-laws. The question of issuance of notice under Section 195-B, thus, does not arise.
15. Calling in question the order dated 6.2.1993, the petitioner filed CWP 169/93. In view of the filing of the writ petition, the petitioner withdrew the Suit No.33/93. On the 30th of March, 1993, a Division Bench of this Court, after hearing the learned Counsel for the parties, disposed of the writ petition with the following directions:
"CW 169 & CM 285 of 93 It is stated by the Counsel for respondent No.1 that what the NDMC is objecting to is the deviation from the sanctioned plan which are enumerated in para 21 of the petition. He further states that all these deviations can be regularised and are not contrary to the Building Bye-laws but a revised plan has to be filed.
Under these circumstances, the petitioner should file a revised plan within 8 weeks and the petitioner is allowed to resume construction at his own risk and costs.
Counsel for the respondent states that there is at present no violation of the Building Bye-laws the respondent will not seal the premises and the petitioner is, therefore, allowed to commence construction but if any deviation from the Building Byelaws takes place or revised plan is not filed within the two months, then the respondent will be at liberty to fresh action for sealing. The revised plan will be furnished for the purposes of regularising the aforesaid deviations. Order revoking sanction on account of the aforesaid deviation will not be given effect to.