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This is an application for impleadment of the said 12(twelve) violators as respondents No. 5 to 16 in the connected PIL. Byelaw 7 of the Meghalaya Building Byelaws 2011 clearly provides action to be taken from the side of MUDA. For easy reference, Byelaw 7 is quoted herein under:

"7.DEVIATION DURING BUILDING CONSTRUCTION For any deviation from the sanctioned plan during stage of construction, permission of the Authority shall be obtained and if the construction is not according to the approved plan, the Authority has the power to stop the construction and if the permission holder fails to comply with the notice served by the authority, the Authority is empowered to cancel the building permission and start proceeding against the permission holder as per provisions of Meghalaya Town and Country Planning Act, 1973 as amended from time to time".
Respondent Sanctioned Floors at site Defense of the Observations of the No./ name of Floors concerned petitioner the Respondent Respondent Respondent G+3 G+5 Soft soil 2 additional floors illegally No. 5 Narayan resulting in the constructed.
Prasad                                             basement therein.
Jhunjhunwala                                             Building less
                                                   than 15 meters within
                                                   permissibility of
                                                   clause 2.28 of Bye
                                                   laws.
                                                         Basement and
                                                   mezzanine floor to be
                                                   used for parking.
                                                         No certificate of
                                                   earthquake engineer
                                                   is attached and Bye
                                                   Laws is silent about
                                                   Earthquake proof
                                                   building. Report is not
                                                   conclusive.
Respondent      G+3          G+5                         Submitted           Quinton Road side six
No. 6 Nilesh                                       revised building          floors. Thana Road side
Tibrewala                                          drawing plan with         four floors that 2 floors.
                                                   additional floor.         Hence violation of 2 floors
                                                         Ground floor        from Quinton road.
                                                   used for parking as
                                                   such additional 1 floor
                                                   permitted.
                                                         Height of
                                                   building 15 meters
                                                   excluding basement.
                                                   (actual height 19
                                                   meters)
                                                         Structural
                                                   deviations due to hilly
                                                   topography (bye laws
                                                   8 (g))
Respondent      G+3          G+4                         Height of           Extra basement.
No.7                                               building is 14.40
Satyabrata                                         meter (less than 15       Application for filing up the
Baidya                                             meter)                    same filed.

                                                    Additional floor
                                                   (height of 2.4 meters)
                                                   constructed to bring
                                                   ground floor at one
                                                   plain.


Respondent        G+3          G+4                     Height of              Extra basement.
No. 8. Ajit Das                                  building is 14.50
Gupta                                            meter (less than 15          Application for filling up
                                                 meters)                      the same filed.

                                                   Additional floor
                                                 (height of 2.5 meters)
                                                 construed to bring
                                                 ground floor at one
                                                 plain.
Respondent        G+3          G+4                       Slab to be used      Slab on some panels have
                                                                                                     th
No.9 Bidur                                       for lift, water              been casted over the 4
Das                                              purification and not         floor.
                                                 for residential
                                                 purpose.                     Hence violation.
                                                         Height of
                                                 building (12 meters)         Statement made in Court
                                                 EXCLUDING ground             willing to dismantle the
                                                 floor (parking floor)        same
                                                         Obtained
                                                 Seismic certificate.
                                                 (not attached)
Respondent        G+3          G+4                       MBBL       permit    Application filed seeking of
No. 10. Uday                                     G+3 with a height of         the Court to fill up the
N. Shukla                                        15                 meters    ground floor below the
                                                 EXCLUDING                    road level and raise
                                                 basement.                    additional floor.
                                                         Structural
                                                 deviations due to hilly
                                                 topography (bye law 8
                                                 (g)
                                                         Ground       floor
                                                 used for parking as
                                                 such additional 1 floor
                                                 permitted.
Respondent        G+3          G+4                       Height          of   Application filed for filling
No.11 Raj                                        building      is    14.35    up basement.
Kumari Sinha                                     meters (less than 15
                                                 meter)
                                                         Additional floor
                                                 (height       of     2.35
                                                 meters) constructed
                                                 to bring ground floor
                                                 at one plain.
Respondent          Block        Block A,                A building can       Violation by 3 (three)
No. 12 M/S          A, B,        B,              have 7 distinct floors       floors. Sealed at 3 point
Mentok Ri-          D=G+3        D=G+4                   Slope difference     under orders of this
Project Pvt.        Block        Block           of 22 meters                 Hon'ble Court.
Ltd                 C=           C=G+4+                  Constructed in
                    G+3 +        non             Raft Slab foundations
                    non          habitual        which required the
                    habitua      floor           owner to dig 1.5
                    l floor                      meters thus additional
                    Block E      Block E         area.
                    & F=         &F                      Area less than 3
                    STP +        =STP +          meter not intended to
                    G+ 3         two             be used. Earth filling
                    Letter       floors.         to be done (para x)
                    for                                  MUDA bye-law
                    revised                      40 permits G+4
                    building                             Admitting in para
                    plan                         (xi) that 2 floors
                    filed                        addition but both
                    and                          inaccessible .
                    sanctio                        Soil rest carried out
                    n given                        as per load bearing
                    for G+4                        capacity (para b
                                                   internal page 15)


Respondent       G+4      G+5                        Initial G+4         Permission           beyond
No. 13. Shri                                  permission given           permissible limits.
Maruf Elahi                                   (internal page 8)          1 additional floor has been
                                                     1 more floor        constructed.
                                              sanctioned by revised
                                              plan (internal page15)
                                              because of
                                              topography of land.
Respondent       G+3      G+4                        Within the          1 additional floor beyond
No. 14. Smti                                  permissible height of      what     was     permitted
Beroline                                      19 meters including        constructed.
Khonhshei                                     parking floor.
                                                     Hilly topography
Respondent       G+3      G+5                        First block 9.9     Violation by 2 (two) floors.
No. 15. Smti                                  meter + parking 3.3        Basement converted into
Mohendro                                      meters                     two additional floor by
Rapsang                                              Second block        casting slab.
                                              9.9 meters + parking
                                              4.95
                                                     The parking was
                                              split into 2.25+2.70
                                              not affecting overall
                                              height
Respondent       G+4      G+4 at road                Permission                  Permission
No. 16 Smti               side and G+5        granted by MUDA                    beyond
Saini Pala                at rear side        after full filling all             permissible limits.
                                              formalities.                       Extra basement
                                                     Plan of                     constructed.
                                              basement already                   Statement made
                                              included in the plan               willing to fill up
                                              submitted to MUDA.                 basement.
                                                     Building
                                              constructed stands at
                                              60 ft equivalent to
                                              18.288 Mtrs as such
                                              within permissible
                                              limits.
Respondent       G+4      G+3                        A building can              Permission of
No. 17. Sanjib                                 have 7 distinct floors            MUDA beyond
Das                                                  Sanction of                 permissible limits.
                                               original building plan            Encroachment on
                                               vide memo dated                   drain side and
                                               10.10.2012                        survey
                                                     Submitted                   recommended.
                                               revised building plan             Changes to the
                                               for approval for G+3              use of the floors
                                               (4 floors) with a total           and deviations in
                                               height of 11.90 Mtrs              the construction
                                               and as such not a                 without approval
                                               high-rise.                        from MUDA
                                                     Being in Seismic
                                               Zone does not mean
                                               that multi-storied
                                               buildings cannot be
                                               constructed.
                                                     Has followed
                                               due procedures and
                                               norms.
                                                     Building
                                               constructed with
                                               seismological
                                               considerations.
                                                     No scientific
                                               evidence that building
                                               more than 4 storeys
                                               cannot be
                                               constructed.
Respondent       B, G+4   B, G+4                     A building can              Permission      of
No. 18.                                              have 7 distinct             MUDA       beyond
Machin Fincon                                        floors                      permissible limits


Pvt. Ltd.                                       Applied for 5        and      as such
                                                floors (g, G+1,      violation by two
                                                G+2, G+3, and        floors.
                                                G+4) with a total
                                                height of 18.35
                                                Mtrs.
                                                In the process of
                                                giving a revised
                                                building plan,
                                                original plan for
                                                showroom on
                                                ground floor,
                                                now to be
                                                converted into
                                                covered parking.
                                                Conformity with
                                                FAR,
                                                MUDA restricted
                                                height to G+3
                                                with height of 15
                                                Mtrs. And for the
                                                purpose a
                                                basement and
                                                ground floor
                                                parking are
                                                excluded.
Respondent       G+5          G+3               Construction is      Permission of
No. 19.                                         being done in        MUDA beyond
Kenneth M.                                      accordance with      permissible limits.
Lyngdoh                                         the permission
                                                granted by
                                                MUDA
                                                permission
                                                dated
                                                30.01.2014
                                                BIS standards
                                                followed.
                                                Committee had
                                                not found
                                                anything
                                                irregular, illegal
                                                and as such no
                                                reason why
                                                should remain a
                                                party.
                                                Building
                                                constructed with
                                                latest
                                                technology.
                                                No reason to
                                                doubt efficiency
                                                of MUDA
Respondent       G+4 in the   G+4 in the        Floors and a         Permission of
No. 20. Sanjay   Rear Block   Rear Block        higher               MUDA beyond
Jhunjhunwalla    and G+5 in   and G+3 in        permission as        permissible limits.
                 the Front    the Front         per clause 41 of     Entry to fourth
                 Block.       Block             the MBBL as          floor at the rear
                                                such a building      side sealed as per
                                                can have upto a      directions of this
                                                maximumof 10         Hon'ble Court
                                                floors with a
                                                height of 27
                                                Mtrs.
                                                Due to hilly
                                                topography
                                                building plan
                                                deviate
Building has
                                                been
                                                constructed as


                                     per MUDA
                                     sanctioned plan
Respondent    G+5      Nil                                Permission of
No.21.                                                    MUDA beyond
Modrick                                                   permissible limits.
Nongkynrih
Respondent    B, G+4   B, G+3        A building can       Permission of
No.22 Bavin                          have 7 distinct      MUDA beyond
Deren                                floors.              permissible limits.
Marbaniang                           Approval is          Hence violation by
                                     given for ground     two floors.
                                     + 4 floors for
                                     commercial use,
                                     total height of
                                     17.10 Mtrs.
                                     Till now carried
                                     out work only for
                                     basement floor
                                     and G+3 floors.
                                     Seismic activity
                                     as such
                                     buildings
                                     constructed as
                                     per standards
                                     No scientific
                                     evidence that
                                     buildings upto 4
                                     storeys are less
                                     susceptible to
                                     earthquakes.
                                     For height of
                                     floors basement
                                     and ground floor
                                     parking are
                                     excluded.
Respondent    G+5      G+5           Permission           Permission of
No. 23                               dated                MUDA beyond
Lamboklang                           19.03.2012           permissible limits.
Mylliemngap                          granted for          Violation by two
                                     Ground plus 5        floors.
                                     (five) floors only
                                     for the Ground
                                     Floor= Parking,
                                       st
                                     1 Floor to Fifth
                                     Floor=
                                     Apartmental
                                     use.
                                     Engaged
                                     registered
                                     architect/technic
                                     al personnel and
                                     entire
                                     construction
                                     erected under
                                     active
                                     supervision.
                                     No point of time
                                     has ever
                                     violated the
                                     Meghalaya
                                     Building Bye
                                     Laws, 2011
Respondent    B, G+4   G+1           Permission           Permission of
No.24 Dr                             dated 8.05.2013      MUDA beyond
(Mrs) T.A.                           granted for          permissible limits.
Sohkhlet                             Basement,
                                     ground plus 4
                                     floors only for :
                                     (i) Basement
                                     and ground
                                     floor= Parking


                                         st   nd   rd
                                     (ii) 1 , 2 , 3
                                             th
                                     and 4
                                     floor=Hall use
                                     Building plan
                                     prepared by
                                     licensed
                                     architect and
                                     prepared with
                                     seismic
                                     considerations
                                     as per IS code.
                                     Zone V does not
                                     automatically
                                     urge that multi
                                     storeyed
                                     buildings or high
                                     rise buildings
                                     should not be
                                     allowed. The
                                     building so
                                     constructed
                                     should conform
                                     to structural
                                     engineering
                                     criteria in
                                     seismic zone- V
                                     Building more
                                     than 4 storeys
                                     does not imply
                                     that in the event
                                     of an earthquake
                                     there is danger
                                     of damage and
                                     risk to human
                                     life.
Respondent    B, G+3   B, G+3        Permission            Permission of
No.25 Allan                          granted               MUDA beyond
Wood Swer                            3.04.2013 for         permissible limits.
                                     basement and
                                     ground plus 3
                                     floors (Total 5
                                     floors)
                                     Construction
                                     completed
                                     strictly in terms
                                     of the sanction
                                     plan.
                                     Building
                                     constructed as
                                     commercial
                                     complex, to
                                     provide parking
                                     facilities.
Respondent    G+3      G+3           Permission            The ground floor
No.26                                dated                 at the rear side of
Secretary,                           27.09.2007            the building
Islamia                              granted for (a)       appears to be not
Secondary                            basement              fit for habitation
School                               Floor=                and needs to be
                                     educational use       discarded by filling
                                     + lift spaces, (b)    it as its floor level
                                     ground                seems to be lower
                                     Floor=ramp &          than the bed level
                                     parking space +       of the drain
                                     classroom +           adjoining it.
                                     Electrical room +     The alignment of
                                     water closets +       the classrooms
                                     lift spaces etc (c)   are not
                                       st
                                     1 Floor               satisfactory and fit
                                     =commercial +         for an educational
                                     educational use       institution as no


                              + water closets      natural ventilation
                              + lift spaces (d)    and lighting is
                                nd
                              2 Floor              provided to each
                              =educational         classroom.
                                          rd
                              use (e) 3 Floor      There is major
                              = office.            deviation from the
                              Thereafter the       approved
                              basement floor       drawings
                              was cancelled.       The plot coverage
                              No classroom is      has increased and
                              being housed in      some panels of
                              the lower floor at   slab at the first
                              the basement         floor level of the
                              and on the           rear side are to be
                              ground floor.        dismantled.
                              Basement and         OPEN SPACE for
                              ground floor is      children not
                              meant for            available.
                              parking of           Building not fit for
                              vehicles.            school.
                              Classrooms are
                              first floor
                              onwards with
                              proper
                              ventilation and
                              hygiene.
                              The
                              arrangement of
                              classrooms at
                              present has
                              been made
                              temporarily to
                              facilitate ongoing
                              construction.
Respondent   G+4   G+4        Name has been        Permission MUDA
No. 27 P.                     wrongly              beyond
Dkhar                         mentioned as         permissible limits.
                              Shri P. Dkhar        All the floors have
                              infact the           been occupied for
                              building belongs     residential use
                              to Smti.             although MUDA
                              Indashisha           has not issued the
                              Kharduit who         Occupancy
                              purchased the        Certificate.
                              same with one
                              floor constructed
                              .
                              Permission
                              dated
                              25.06.2012
                              given to Smti.
                              Fidelia
                              Kharkongar
                              (vendor)
                              The instant PIL
                              do not meet the
                              requirement of
                              pleadings.
Respondent   G+5   G+5        Permission           Permission of
No. 28                        dated                MUDA beyond
Nicholas                      28.11.2007           permissible limits.
Wahlang                       granted for
                              Ground + 3
                              (three) floors for
                              hotel building in
                              favor of Smti.
                              Meriata
                              Wahlang.
                              Thereafter
                              permission
                              dated


                                                 16.03.2012
                                                 granted for (i)
                                                                 th
                                                 extension of 4
                                                       th
                                                 and 5 Floor
                                                 Commercial
                                                 (Hotel) and
                                                 alteration of the
                                                 approved G+3
                                                 commercial
                                                 (Hotel) building.
                                                 Change of use
                                                 from Office cum
                                                 residential to
                                                 commercial
                                                 (Hotel).



                                                    Sd/-
                                           Advocate for petitioner"




Respondent No.5-Shri.Narayan Prasad Jhunjhunwala
18. The Chart mentioned above, indicates that MUDA granted permission to the respondent No.5-Shri.Narayan Prasad Jhunjhunwala for construction of building up to G+3 but the respondent No.5-Shri.Narayan Prasad Jhunjhunwala had constructed upto G+5. Therefore, the two additional floors had been constructed illegally. The only defence taken by the respondent No.3-MUDA is that under Byelaw 2.28, the building above 4 (four) storeys or building rising 15 mts or more is permissible. But the Byelaw 2.28 cannot be read in isolation with Byelaw 18, Byelaw 30 & Table-VI, Byelaw 40 & Table-VIII and Byelaw 43. The respondent No.5 in his affidavit-in-opposition vide para 4 clearly admitted that the approval thereof was granted for G+3 floors for commercial use and the building had been constructed as per building plan except some deviation (Byelaw 18 does not allow) which had occurred due to the reason that the upper layer of the soil was found to be very soft which had forced him (respondent No.5) to place the foundation of the building in depth, resulting a basement emerged therein and the same has been treated by the Enquiry Committee ground floor and ground floor one. Under the Byelaws, 2011, there cannot be two ground floors such as ground floor and ground floor one. As per the permission granted by the MUDA, the respondent No.5 was never granted permission to construct the basement. Further in his affidavit-in-opposition stated that the Enquiry Committee during the course of inspection found that 2 (two) additional floors had been constructed and the same has been treated as violation, however, it was not the intention of the respondent No.5 to construct the building in violation of Byelaws known as "the Meghalaya Building Byelaws, 2011".
Therefore, the above additional floors i.e. G+4 and G+5 above the permissible floors i.e. G+3 are illegal and are to be demolished.
Respondent No.6-Shri.Nilesh Tiberwal
19. The Chart mentioned above, indicates that MUDA granted permission to the respondent No.6-Shri.Nilesh Tiberwal for construction of building up to G+3 but the respondent No.6-Shri.Nilesh Tiberwal had added 2 (two) more additional floors. The respondent No.6 in his affidavit-in-opposition stated that the MUDA granted permission for construction of building only for G+3. Shillong being a hilly area having hilly topography, building construction is a tough challenge. Because of the hilly topography, laying of foundation is a herculean task and very often results in some deviations from the sanctioned building plan. Further due to earth-cutting to find hard soil for laying the building foundation, extra excavations (which are not permissible under Byelaw 18) are required to be made which sometimes requires special architectural treatment in the form of basement/foundation to give a strong foundation to the building. Further, due to hilly topography, many a times buildings have to be constructed at split-levels, where the levels of different floors one portion of building are different from the other portion of the building. After, the building permission was granted to the respondent No.6, he commenced the construction work. While the construction work was going on, the officials of MUDA periodically visited the construction site. By August, 2013, the respondent No.6 had already completed construction of structural frame. At that stage, the respondent No.6, who had obtained the building permission for hotel building changed the idea and decided to have a commercial-cum-residential building. Accordingly, the respondent No.6 submitted a letter dated 15.10.2013 to the Town Planning Officer, MUDA stating that he (respondent No.6) intends to change the use of the building from hotel to commercial-cum-residential. Further the respondent No.6 stated that he submitted a revised building drawing plan with an additional floor for approval. This was in view of the fact that under Byelaws, 2011, buildings with G+3 floors are permitted and also in case of ground floor parking, an additional floor may be permitted. It is clear from the affidavit-in-opposition filed by the respondent No.6 that the MUDA had not granted permission for constructing of 2 (two) additional floors on the request of the respondent No.6 to construct 2 (two) additional floors. Inspite of knowing clearly that the MUDA had not granted permission to construct 2 (two) additional floors, the respondent No.6 constructed 2 (two) additional floors i.e. G+4 and G+5. The permit issued by the MUDA for construction was only G+3 for commercial use (hotel) vide letter dated 11.05.2013, which reads as follows:-