building for a shopping
mall and that the building under construction is being made as
per the plan and permission granted without any deviation ... construction of
a commercial building. The building as it stands today does not
violate any zoning regulations nor any deviations in building
construction were pointed
Writ Petitioner was violated
by the alleged unauthorized construction or deviation from the
sanctioned building plan. In support of such contentions, he has
relied upon ... Whether the sanctioned building plan or the revised
building plan is in accordance with the West Bengal
Municipal (Building) Rules
Writ Petitioner was violated
by the alleged unauthorized construction or deviation from the
sanctioned building plan. In support of such contentions, he has
relied upon ... Whether the sanctioned building plan or the revised
building plan is in accordance with the West Bengal
Municipal (Building) Rules
opinion that
construction(s) put up in violation of or deviation from the
building plan approved by the local authority and the
constructions which ... clearances, wherever applicable.
c) If any portion of the building is found to be unauthorized, deviated
from the sanctioned plan, or lacking statutory approvals
General (Building).
7. Learned counsel further submitted that the order of the Special Officer
(Building), allowing the petitioner to retain the minor deviations upon
payment ... Officer (Building) and the demolition case was placed before the Special
10
Officer (Building), Kolkata Municipal Corporation, for adjudication. The
Special Officer (Building) found
manner.
As there was no oscope fo minimizing the deviations made in the then existing building, the rules in force were taken into account ... city of Cuttack. Builders violate with impunity the sanctioned building plans and indulge deviations. The builder conveniently walks away having pocketed the money leaving behind
following significant
observations:
"...Builders violate with impunity the sanctioned building plans
and indulge deviations much to the prejudice of the planned
development ... hardship
which is posed to the occupants of building.
Though the municipal laws permit deviations from sanctioned
constructions being regularized by compounding but that
petitioner intimating the decision of the Committee and also various deviations found in the building. Out of 37 norms for completion certificate, it was found ... Committee's report recorded a finding that the deviations of the building constructed by the petitioner company were only minimal. After relying an unreported
from the CMDA holding that there were only minor deviations. According to them the deviations in set back, car parking, FSI etc., barring floor violations ... been deviation in the ground floor side set back on East and West side, apart from certain deviations in the dimension of building
municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception, only such deviations deserve to be condoned ... stand on a different footing from an individual constructing his own building. Deliberate deviations do not deserve to be condoned and compounded.
(iii) Therefore
