that according to Clause (b) Sub-Rule 2 of Rule 25
of the Kolkata Municipal Corporation Building Rules 1990, "if
during the erection ... further say that Clause (b) Sub-Rule 2 of Rule 25 of the
Kolkata Municipal Corporation Building Rules, 1990, empowers the
Municipal authorities to allow
plaintiff has knowingly and deliberately kept hidden the fact that the unauthorised construction of basement and ground floor has been carried ... defendant for the purpose of stoppage and prevention of the unauthorised construction in violation of the Building bye-laws. It is submitted that
plaintiff has not even been told what is unauthorised user, or the unauthorised construction and what is the extent of each ... residential use of the building. However, after obtaining the completion certificate the building owner Smt Usha Pathak carried out unauthorised construction of excess
make the proposed construction any the less unauthorised because the unauthorised construction that is contemplated in section ... remedy of the defect in the building or any alternation in the building or any unauthorised change in the construction of the building
charge damages from the petitioner for temporary regularisation of alleged unauthorised construction. Clause 2(2) reads as under:-
''2. The Lessee ... construction which belong to an entirely different genus. The rule of construction in construing written instruments such as the present lease
case the unauthorised constructions is still being carried on and further recorded that no order regarding alleged unauthorised construction which had already ... local bodies/authorities to take action as per Rules and Acts against unauthorised construction.
11. It is further stated that detailed instructions
suit is dismissed. No construction can be raised without building plan being passed. The Court pointed out that the construction which was undertaken ... without appreciating that there is violation of building regulation, byelaws and in breach of of building plan, rules and building regulations, building is erected
Policy itself that compliance with the Master Plan and/or building laws, rules and regulations would eventually rest with the civil/municipal authorities.
8. Determination ... Respondent's policy, existence of alterations or unauthorised construction shall not constitute any justifiable reason for refusing the conversion. Even after conversion
building had applied to Commissioner, Mcd, for grant of permission for erecting residential building. He further says that the building work started in the year ... privy to submission of building application or to the obtaining of sanction from Mcd for construction of the building. The main contention urged
Court directed demolition of a multi-storeyed building, which had been constructed in violation of the building rules. The Supreme Court also granted police protection ... encouraged that a person might with impunity break the building rules and put up a construction and get away with it on payment
