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7. Interlinked questions raised in these writ petitions are these:

i) Whether change of user of a building/site (say misuse) simpliciter in violation of permitted land use in the area will attract mischief under section 7 of the Act?
ii) Whether the Authority under the Act has jurisdiction to take action under sections 7 of the Act and/or to issue order of sealing under section 8 where user of a building/site has been unauthorizedly changed, say from residential to commercial and vice versa, without effecting any structural change therein or thereto?

24. Reading sections 4 and 5(3) of the Act and Regulation 4(2) in juxtaposition, as they should be, would lead to irresistible conclusion and render it beyond any doubt that the nature of use, that is, the purpose for which a building is being or has been constructed in a particular zone and shall be used for, is inherent in and inseparable from the grant of permission to erect or re- erect a building and approval to the Building Plan. Adhering to permitted user and not changing the user in violation of permitted land use would be relevant not only during the erection or re-erection (construction) of a building but for all times to come and the user cannot be permitted to infringe the permissible land use as per the Master Plan applicable at a given time. To say that unauthorized change of user (misuse) of a building after its construction has been completed without effecting any structural change would not attract mischief under section 7 of the Act and action under sections 7 and 8 would not be in conformity with the scheme under the Act and would rather defeat the very purpose envisaged in Control of building operations for the planned development of an area. To allow change of user contrary to Master Plan after the construction of a building has been completed would defeat the very object of planned development of an area/zone and neutralize the purpose of preparing Master Plan, which is linked with not only the future development of an area/zone but also the future of the generations coming to reside there.

28. Argument of learned counsels for the petitioners' though attractive would not support the view that the change of user simpliciter, that is, conversion of a residential building into commercial and vice versa in violation of permitted land use without any structural change in the building would not attract the mischief of section 7 and section 8 of the Act for the reasons stated above.

29. To restate, briefly, nature of user of a building is inherent in an inseparable from the building permission and approved building plan and has to be adhered to for all times to come. That apart, concept of using a residential building for commercial purpose without effecting structural change would be imaginary for the reason that whenever there is change in user structural alteration of the building is imperative and cannot be ruled out and it would certainly amount to re-erection of the building in question. No commercial/business activity from a residential building would be possible without making some structural alteration, small or big. Change of user of a building from residential to commercial can hardly be restricted to simply using the building for commercial purpose but would involve conversion of the building into a commercial building by necessary alterations and modifications

49. Viewed thus, these writ petitions are disposed of in the following terms:

i) Applicability of the sections 7 and 8 of the Act and power of the Authority under the Act to take action including issue of order of demolition in a case where unauthorized change of user in violation of Master Plan is made even without effecting structural change in the building is upheld.
ii) Notices (orders) under section 8(1) of the Act in all the cases are quashed and respondent- Authority is directed to de-seal the premises. Quashment of the order, however, shall not confer any right on the petitioners to make or continue with any unauthorized erection or re-erection (structural change/ renovations) to the building/premises.