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?Though the municipal Laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception, with the lapse of time and frequent exercise of the discretionary power conferred by such exception, has become the rule. Only such deviations deserve to be condoned as are bona fide or any attributable to some misunderstanding or are such deviations as where the benefit gained by demolition would be far less than the disadvantage suffered. Other than these, deliberate deviations, do not deserve to be condoned and compounded. Compounding of deviations ought to be kept at a bare minimum.?
25. In MD Army Welfare Housing Organisation v. Sumangal Services (P) Ltd., 2004 (9) SCC 619 the Supreme Court has observed as follows:
In ordinary course the builder could not have carried out construction activities in anticipation that such violations/deviations might be regularised.
If admittedly the constructions are not in terms of the rules, the question of getting them sanctioned by statutory authority would not arise. No builder acquires any legal right in respect of even the plan until it is sanctioned in his favour.