lock and seal notice and demolition notice of the above building, wherein deviations and violations with reference to the approved plan has been observed ... city of Cuttack. Builders violate with impunity the sanctioned building plans and indulge deviations much to the prejudice of the planned development of the city
lease, namely,
for non-payment of rents and for constructing the building in deviation of
the sanctioned plan which is also in violation ... Rules
and Bye-laws of the KMC by constructing the building in deviation of the
sanctioned plan, the plaintiffs were entitled to determine the lease
deviations in such of the
buildings which though deviate from the sanctioned map but are
found to be within the permitted limits of deviation.
Section ... deviation can be
permitted. The case of the petitioner though admittedly is a case of
deviation from the sanctioned plan but whether deviations noted
would
application is denied
and in view of minimal deviation, it is averred that the building cannot be demolished.
4. At this stage, it will ... whether there
is any deviation in construction of the building.
(v) If any deviation is found on measurement, appropriate action will be taken
Special Officer (Building), Building
Tribunal and the High Court respectively. The relevant portion of the order of
the Special Officer (Building) reads such ... demolish unauthorised
portion of the building constructed which was in deviation of the Building
Plan. There was also violation of Building Rule
lock and seal the building on the ground that the building
was constructed without any approval and there was deviation of construction. A
direction ... like the petitioner, taking undue advantage of the same, construct the building
in deviation of the plan with the hope that law will not take
building and
threatened to demolish the building without any notice.
Again on 16.03.2024, the staff of respondents took
measurements to remove the alleged deviation ... with building permission
number 1073/1961/B/VMC/VID/2021 due to some
personal reasons I have constructed my building with
deviation and additional floor
petitioner, there is a
deviation and if the deviation could not be set right, the building will have to
be demolished.
5. The Chief Executive ... same is reproduced hereunder:
Floor Extent sanctioned as per Extent of deviation from
building plan sanctioned building plan
Ground Floor
found that the 5th Respondent had put up his building by deviating the Approved Plan. Action was initiated against the 5th Respondent and a Lock ... applicant/building owner to rectify the defect noticed in deviation and restore the building as per the approved drawing within stipulated period as directed
work relating to construction of
building undertake or any alteration, addition or
modification of an existing building unless, the
building plan is approved ... work relating to construction
of building undertaken or any alteration, addition or modification of
an existing building unless the building plan is approved