commissioner to order demolition of
building or part of the building, if in his opinion, it is outside
the regular line of the public street ... rebuilding, alteration or repair of such building, require such
building to be set back to the regular line of the street.
(2)
When any building
Kerala Municipality Act, 1994 and in suppression of Kerala
Municipality Building (Regularization of Unauthorized Construction) Rules,
2014 issued under G.O.(Ms.) No.39/2014 ... regularization of unauthorized construction, which is extracted here-
under:
"3. Submission of application for regularization of unauthorized
Construction.- (1) Application for regularization of unauthorized
well as requisite fee. Said building
application is still pending and without disposing of the building
regularization application, no coercive action can be taken against ... regularization scheme has come to an
end on 31.05.2013 and that since regularization was not granted
before that date, it is deemed that regularization application
setback at the
rear side of the building.
B. The building of the appellant was regularized by the
Government under the provisions of Kerala Panchayat ... regularization
application may be considered under 2014 Regularization Rules. it
is submitted that no court orders are there directing, not to
consider the regularization application
concerning the re-building, alteration or repair of such building require such building to be set back to the regular line of the street ... land and even a building standing upon such land, whether the land and building are within the regular line of the street or outside
Corporation to remove any part of
the building. If any part of building projects beyond the regular line of
building, existing or as determined ... burned down. It is
not that the expression that entire building projecting in regular line of
public street has been taken down, burned down
Municipal
Corporation Act, 1949 -Ss. 212, 216-Acquisition building or
part of building within "regular line of public" street-
Section if prescribes ... public street". If a building or a
part of building is within the regular line of a public
street the Commissioner may under
says that, if any building or any part of a building abutting on a public street is within the regular road line, the Commissioner ... rebuilding, alteration or repair of such building, require such building to be set back to the regular road line. Sub-section (2) of Section
said regularization
prayer has been made keeping in mind the provisions of the Kolkata
Municipal Corporation (Regularization of Building) Regulations, 2015 by
which the Corporation ... drawn the attention of this court to the Kolkata
Municipal Corporation (Regularization of Building) Regulations, 2015 in
support of his contention
concerned with an application made by Shri B.S. Barot for
regularization of Building No.7 situtate on plot bearing ... imbalance of FSI of the entire building can be cured and
the building is capable of being regularized The elevation features
are constructed from 18th