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92. Needless to state that the authorities hereinafter shall strictly comply
with the aforesaid directions issued by us.
93. It will also be informed that violation of any of the directions would
lead to initiation of contempt proceedings in addition to the prosecution.
94. The officials should also be informed that if the demolition is found
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to be in violation of the orders of this Court, the officer/officers
concerned will be held responsible for restitution of the demolished
property at his/their personal cost in addition to payment of damages.”
“20. In the ultimate analysis, we are of the opinion that construction(s)
put up in violation of or deviation from the building plan approved by the
local authority and the constructions which are audaciously put up
without any building planning approval, cannot be encouraged. Each and
every construction must be made scrupulously following and strictly
adhering to the Rules. In the event of any violation being brought to the
notice of the Courts, it has to be curtailed with iron hands and any
lenience afforded to them would amount to showing misplaced
sympathy. Delay in directing rectification of illegalities, administrative
failure, regulatory inefficiency, cost of construction and investment,
negligence and laxity on the part of the authorities concerned in
performing their obligation(s) under the Act, cannot be used as a shield
to defend action taken against the illegal/unauthorized constructions.
(ii) The builder/developer/owner shall cause to be displayed at the
construction site, a copy of the approved plan during the entire
period of construction and the 32 authorities concerned shall inspect
the premises periodically and maintain a record of such inspection
in their official records.
(iii) Upon conducting personal inspection and being satisfied that
the building is constructed in accordance with the building planning
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permission given and there is no deviation in such construction in
any manner, the completion/occupation certificate in respect of
residential / commercial building, be issued by the authority
concerned to the parties concerned, without causing undue delay. If
any deviation is noticed, action must be taken in accordance with
the Act and the process of issuance of completion/occupation
certificate should be deferred, unless and until the deviations
pointed out are completely rectified.