deviations, it had issued notice for demolition of the unauthorised and deviated constructions. While upholding the order of the Corporation, proposing to demolish the deviated ... owners of the disputed building have constructed the building in violation of the sanctioned plan as well building bye-laws of the Corporation
Municipality for removal
of the constructions made in deviation to the building permit and in
directing under Section ... without opportunity or without
prior notice while admitting about the deviations and the deviations
are liable to be demolished as sought for.
10. Heard both
only denied having made any unauthorised
construction and deviations against the sanctioned
building plan it has also denied receipt of show cause
notice under Sections ... further information
under Section 344(2) and 344(4) . Deviation against
sanctioned building plans, excess coverage at
basement, GF, FF, SF & TF under construction
concerned. Additionally the learned
Advocate submits that the Special Officer (Building) recorded the
deviation made from the sanctioned plan and have allowed the retention
thereof ... building except
residential building, proposed to be erected or re-erected on a plot of 500
sq.mt or less of land or building
from MCD and the owner/builder is at liberty to deviate from the sanctioned building plan to the extent of permissible/compoundable limits. The validity ... actions were to be taken was in the shape of deviations from sanctioned building plans beyond compoundable limits, which warranted action only against the unauthorized
failed to take effective steps to stop/demolish the deviations against sanctioned building plan at basement Floor, GF, FF, SF and projection on Mpl. Land ... taking timely action to prevent such large scale deviation from his building plan.
6. We have considered the pleadings and the submissions made
accommodation to the petitioners and thereafter, rectifying the
deviations / demolish the unauthorised portion of the building.
7.This court has considered the submissions made ... every person in occupation of the
building or portion thereof to which the notice relates shall vacate the
building or portion as directed
Andhra Pradesh regulation and penalisation of unauthorisedly
constructed buildings and building constructed in deviation of sanction plan
Rules 2007 issued in pursuance of the ordinance ... incorporating this direction of
the Court so that the violators of the building plans and other
statutory provisions may become aware of the possibility
produced regarding
the structural stability of such building;
(12) In case of a owner of the building who
has made unauthorised construction in
violation ... Supreme Court holding that the
building that has deviated the zoning regulations may
be regularised by the State Government as an
authorised construction. Even
Building Rules, the maximum permissible height of the
building is 12.5 meters but the builder was allowed to elevate the height of
the building ... that the building plan having no legal foundation is ex facie
illegal and the building was constructed in egregious violation of the
building rules
