query no. 1
3. How many u/c files against deviation in Sanction Building Plan have
been pending in the name ... order. He similarly wants all the u/c files against
deviation in sanctioned building plan alongwith the name of concerned
reason of
constructing the building by the plaintiffs against
the building byelaws and sanctioned plan by
deviating the same. So the defendants took the
contention ... argument and took the
categorical contention that there is deviation in
construction of the building by the plaintiffs. The
plan took by the vendors vendor
false and
contended that the plaintiff has constructed building by
deviating the sanction plan. Further the defendants have
issued notice ... sanction plan
and found that the plaintiff has constructed the building
deviating the sanction plan and without leaving set backs
in the ground floor
Bengaluru. When the defendant
officials inspected the building, they observed that
there were certain violations in the building
constructions. On 9/2/2017, the officials ... defendant, it is
clear that the plaintiff has constructed the building
deviating from the sanction plan. The averments made
in para
appellants opted for cancellation of Development Agreement, proceeded to
construct the building deviating from the original plan and the nature of
utility of the building
Corporation of Delhi was also obtained showing the
structural deviations in the Uphaar cinema building. ( Ex. PW 39/B
alongwith annexures ... Panchnama was prepared by PWD officials giving
floor-wise deviations found in Uphaar cinema building and the same
Yadav, the then Assistant
Engineer(Building) along with Sh. S.K. Meena, Junior
Engineer(Building) had allegedly inspected the building
and noticed unauthorized construction ... Sharma (A2)
joined as Assistant Engineer(Building), whereas accused
N.K. Grover (A1) joined as Junior Engineer(Building).
Allegedly, it was at this stage, that
proposal for sanction
of building plan was submitted to MCD on 28.02.1994. The
building plans were approved by the Building Plan Committee ... after release of the building plan. He
stated that the building sanction plan was processed in accordance
with the building bye laws
Garg, JE
(Building) who inspected the building on 01.09.1998 reported
that the covered area of basement is more than the sanctioned
building plan.
5.1 Further ... investigation revealed that the building was being constructed in
violation of building bye-laws and deviations from sanctioned
building plan, both
when building is constructed as per
sanctioned building plan and a certificate to the effect that there is no "non
compoundable deviation" should ... that as per
practice in MCD if there is major deviation in the construction, building/
property would be booked and same would be mentioned
