entire building or not? and (ii) Whether only the part/portion of the petitioner's building which may be found in deviation of norms ... Building Bye-laws framed thereunder and, as such, the part/portion of the building found to have been in deviation as contained in the report
happens to be a builder, who alleged to have constructed
a building, deviating the building plan. It is alleged that initially building plan was
submitted
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
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
building permit in the prescribed
procedure."
......................
"(ii) Deviation of the building Byelaws other than as
specified in (A)(NonCompoundable)
Deviation upto ... building and as to whether there was any deviation in the
building constructed and the sanction plan; Inspector Yashpal Singh
(PW10) visited the site alongwith
from the garage of the
said building. The petitioner therefore could not obtain completion
certificate of the said building as well as "construction power ... alleging,
inter alia, that the petitioner made construction of the building in
deviation of the plan sanctioned by Bidhannagar Municipal Corporation.
A report was call
that there are deviations from sanctioned plan in
construction of said building, in deviating the constructed
portion meant to be used for residential purpose
case has been
registered for making construction of the building in deviation from the map
passed by the JNAC.
It is submitted by learned counsel
demolish the unauthorised construction of the building for raising construction deviating the sanctioned building plan.
Considering the entire facts and circumstances, it emerges that there
demolish the unauthorised construction of the building for raising construction deviating the sanctioned building plan.
Considering the entire facts and circumstances, it emerges that there