submitted, there is distinction between violation and deviation
and in the instant case, it is "deviation" unlike in the case of
jurisdictional High ... worked out for the above
deviations. Since the deviations effected in the building
is within compoundable limit of 5% and not causing
any hindrance
Commissioner to compound the violation or deviation
of the sanctioned plan by a person who constructs a
building:-
"Having elaborately heard learned counsel appearing ... violation/deviation of the sanctioned plan, the
Commissioner may, if he considers that the
violation/deviations are minor viz., only when the
deviations/violations
violation/deviation of the
sanctioned plan, the Commissioner may, if he considers that the
violation/deviations are minor, viz.; only when the
deviations/violations ... Commissioner to compound the violation or deviation of the
sanctioned plan done by a person who constructs a building. Now, the
question is whether
sanctioned plan rules, 2007, for having
constructed the building without permission and deviating from the
sanctioned plan, as shown therein . It is submitted that
stated that the
HMT Employees Co-operative House Building Society has no right or
authority to deviate any portion of civic amenities site since ... Expln.
1(b) specifically excludes the urban land on which construction of
building is not permissible. Therefore when the construction of the
building is completely
Commissioner to compound the
violation or deviation of the sanctioned plan by a person who
constructs a building:-
"Having elaborately heard learned counsel appearing ... violation/deviation of the sanctioned plan, the
Commissioner may, if he considers that the
violation/deviations are minor viz., only when
the deviations/violations
Building Co-operative Society (ITA Nos.1139, 1140 &
1344/Ban g/2015 & 1343/Bang/2014) and in the case of Kautilya House
Building ... Building Co-operative Society Ltd , (Supra) and Kautilya House Building
Co-operative Society Ltd. , (Supra), we find no reason to interfere with or
deviate from
operative Subhadranna Housing Federation Ltd.,
(Supra), Railway House Building Co-operative Society Ltd, (Supra),
Kautilya House Building Co-operative Society Ltd., (Supra), Karnataka
Legislature Secretariat ... Supra) and REMCO (BHEL) House Building Co-operative
Society Ltd. (supra), we find no reason to interfere with or deviate from
the view taken
there were several deviations in the construction from the
sanctioned plan, for example, the swimming pool was constructed
within he residential building area ... constructed on the ground floor which
was attached to the commercial building, but, not finding a place
in the plan sanctioned;
(iii) the staircase shifted
Building Co-operative Society (ITA Nos.1139, 1140
& 1344/Bang/2015 & 1343/Bang/2014), and in the case of Kautilya
House Building ... operative Subhadranna Housing Federation Ltd., (Supra),
Railway House Building Co-operative Society Ltd, (Supra), Kautilya
House Building Co-operative Society Ltd., (Supra), Karnataka
Legislature Secretariat
