Document Fragment View

Matching Fragments

29. The deviation in the sanctioned G+2 building by constructing additional two floors is not only major deviation but also can cause serious fatal accident to the residents in the building and also public at large in the adjacent buildings.

30. The building situated at Holding No.14/2, Khagendra Nath Ganguly Lane, Ward No.12, Police Station-Golabari, Howrah-711106 was initially sanctioned for construction of G+2 storied masonry building where the concerned LBS submitted the foundation detail in the structural drawing for transfer of all types of loads as specified in IS CODE for the G+2 building. But, the appellants/writ petitioners had constructed building thereby deviating from the sanctioned plan as sanctioned for G+2 storied masonry building. Moreover, the appellants/writ petitioners constructed additional two floors without getting any sort of sanction and/or approval from the Howrah Municipal Corporation. The Building Engineers, Howrah Municipal Corporation visited the premises in question and found the structure completely unstable in terms of the recommendation as specified in IS Code vide No.IS 1562000,IS 875 (part I & PART II) 1987, IS 875 (part III) 2015, IS 1893 2016 & NBC 2016 for the unauthorized construction that has been carried out by the appellants/writ petitioner. Expert's report as above cannot be lost sight of which may have the probability to endanger the life of the structure itself, its occupants or people in the vicinity. Therefore, in this regard the appellants cannot take shelter of the 1989 Supreme Court verdict, as mentioned above, the same being factually distinguishable from the present case.