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Showing contexts for: Building deviation in Squadron Leader C.B. Menon (Retd vs Principal Secretary on 28 January, 2025Matching Fragments
18. Based on the above direction, Order dated 26.05.2021 came to be passed by the Respondent No.1. This order shows that the party-in-person has raised various objections to the contentions of the private respondents in their appeal before the Respondent No.1 and same is also incorporated. The first respondent herein after considering the objections and also after hearing the parties in detail has recorded that there are deviations/violations in the building, put up in (1) Plot No.176 A, (2) Plot No.1, (3) Plot No.108 and (4) Plot No.113 of the Defence Officers Colony, Nandambakkam.
21. Respondent No.8 who has constructed the building in Plot No.108 has also accepted that there are deviations and violations in the building constructed by them. According to them, this superstructure was constructed in the year 2006 and his predecessor-in-title has constructed the premises based on the planning permission and building permission. According to them, these violations are eligible for regularisation as per Section 113-C of Act 1971 and Building Regularisation Scheme 2017 and accordingly, they filed a petition for regularisation in Receipt No.CMDA13/2320/2021 dated 11.08.2021. The relevant portion of their affidavit in paragraph No.10 is as follows:
23. Now the question arises for consideration of this Court is that:
“(1) Whether this Court can grant time to the respondents 4, 5 and 8 for regularisation of deviations and variations in the building approval plan in terms of Section 113-C of the Act, 1971?
(2) Whether the impugned order is valid as against the respondent Nos.6 and 7 and the same is liable to be set aside?