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30. The relevant paragraphs of the judgment dated 20.04.2009 in W.A.No.1368 of 2007 are extracted hereunder:

"2. .... A reading of the said report shows that there is no floor deviation and only in respect of the floors there has been deviation in the ground floor side set back on East and West side, apart from certain deviations in the dimension of building.
3. It is not in dispute that the electricity connection as per the directions given by the learned Single Judge has already been provided except that the final process of electricity service connection has not bee completed in full.

32.2. The First Bench of this Court in 2006 (4) CTC 483 also stated about the deviations that could be condoned. Unless the builders satisfy the CMDA that they come within the said parameters, the deviations cannot be condoned. The relevant passage in paragraph 26 of the judgment in 2006 (4) CTC 483 is as follows :

"26. .... Any violation of zoning and regulation laws, takes a toll in terms of public welfare and convenience being sacrificed apart from the risk, inconvenience and hardship which is posed to the occupants of the building. Though Municipal Laws permits deviation from sanctioned constructions being regularised by compounding but that is by way of exception. Only such deviations deserve to be condoned as are bona fide or are 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, deliberated deviations do not deserved to be condoned and compounded. ...... "

35. In my view, the petitioners should have questioned the order of the CMDA refusing to issue completion certificate due to the violation/deviations in the construction of the building. If CMDA takes undue delay for processing the issuance of the completion certificate, still the petitioners could ask for a direction from this Court to the CMDA to issue completion certificate expeditiously by filing writ petition. I am of the considered view that without obtaining completion certificate from the CMDA, the petitioners cannot seek for electricity service connection based on the orders of the learned single Judges referred to above.