town planning laws :
"Builders violate with impunity the sanctioned building plans and indulge
deviations much to the prejudice of the planned development ... builder has made
deviations/violations in construction, it is his duty to rectify those
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deviations or bring the deviations within permissible limits and secure
following significant observations:
“………Builders violate with impunity the sanctioned building plans
and indulge in deviations much to the prejudice of the planned
development ... connection with the present S.L.P. :-
a) A Building plan being Building Sanction Plan No. 200909004
was sanctioned on 11.04.2009 by the concerned authority
Construction of building in violation of statutory provi-
sions Compounding of deviation--Validity
of--Demolition--Whether called for.
Constitution of India: Articles ... deviation indi-
cated by the Court. Until the deviation was so compounded,
the appellant was restrained from occupying the 5th floor of
the building
with the permission so obtained, the deviation should be demolished. It should be ensured that the construction of building is done as per permission ... same are permitted on minimum 750 sq. mtrs. land area.
No deviations from building plans approved as per building bye-laws may be permitted
nominated authority to record its views on the deviations from or the contraventions of, the building bye-laws with regard to the fire prevention ... high rise building. Apex Court pointed out that in case of one or two storied building where there are minor deviations from the Rules, which
properly constructed the building of the
hotel and as to whether the construction
of this building (the entire building) is in
accordance wand in conformity ... building (the entire
building) or in completion thereof, have
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deviated from any sanctioned plan
appellant No.1 for violation of sanctioned building plan of
second and third floor of the said building. After observing official
formalities, Sh. Rakesh Kumar ... were
demanding and accepting bribe, had already been booked for
deviating sanctioned building plan.
Crl. A. No.159/2005 Page 6 of 60
The bottles
work relating to construction of building undertake or any alteration addition or modification of an existing building unless, the building plan is approved ... found to have approved a building plan in contravention or in deviation of building bye-law, he shall be liable to be prosecuted and shall
Judge Bench observed:
“………Builders violate with impunity the sanctioned building plans and
indulge in deviations much to the prejudice of the planned development ... hardship which is posed to the occupants of the building.
Though the municipal laws permit deviations from sanctioned
constructions being regularised by compounding but that
proper
application should be submitted for regularisation of additional portion of
building constructed deviating from the approved plan. The case of the writ
petitioner ... issued to him.
(4) The owner of a building may if he intends to occupy the building
WA.No.1007 OF 2020 21
before
