portion of the
unauthorized construction about 600 sq. ft. approx. out of
approx. 1500 sq. ft. of the said unauthorized construction in
the said premises ... unauthorized construction shall vacate such
portions of the building within next one month.
3. Within next one month, the Corporation shall demolish
unauthorized construction after
appellate authority is entitled to make construction and such construction of the petitioners cannot be termed as unauthorized construction. Referring to the provision of Section ... construction/structural plan is approved by the competent authority, no construction can be made and any construction without such approved plan is unauthorized construction. According
petition
directed the Municipal Corporation to demolish the entire
illegal and unauthorized construction carried on by
respondent Nos. 3-17 on entire ... tenant of the
premises did not complain about the unauthorized
construction till the appellants herein filed a suit against the
developer; b) that the respondent
there was
unauthorized construction in the said plot and MCD officers had
dishonestly not taken legal action for the said unauthorized
construction. After registration ... unauthorized construction.
18. He submitted that the entire case of CBI is based on the
presumption that there was illegal and unauthorized construction
area in question and ensure that no further
construction or encroachments are made. In
case unauthorized construction or
encroachment is made, the revenue authorities
will ... dated 28th
January, 2009 directing that no unauthorized
construction and encroachment should take
place, unauthorized construction continues
unabated. In our last Order, we have also
this Court noted that the construction had been made in the teeth of
notices issued for stopping the unauthorized construction and held that no
authority ... their remaining part
shall not be utilized to regularize this unauthorized constructions.
The unauthorized construction carried out by the Developer
limitation prescribed to demolish an unauthorized
construction was 6 months from the date the unauthorized
construction was noted. It was urged that the alleged
unauthorized ... construction, to stop the misuse
and/or remove the unauthorized constructions and pay
damages for the period the misuse continued and/or the
unauthorized construction
also borne out that
some unauthorized construction was carried in the said premises.
Though, the unauthorized construction was not booked for any
action ... illegal construction.
15. Complainant (PW1) has throughout maintained about the demand
of `10,000/- made by accused VKC for allowing unauthorized
construction and subsequently
official with the duty to stop unauthorized construction/contravention stop unauthorized
of the sanctioned plan. construction in the area
5. What action had been taken ... complaint about this unauthorized construction in July 2011 and the
Police has also sent complaint about the same unauthorized construction to MCD. The Appellant argues
others i.e. builder mafia, property dealers
and unauthorized construction raised by them are
annexed with this complaint as Annexures ... unauthorized construction raised over the Govt. land. The officers of
MCD applies pick and chose policy while dealing with the issue of
unauthorized construction raised