Violations of the terms and conditions in a sanctioned building permit and deviations in construction must be considered in the above holistic context ... pejorative degree of the impact, on account of the deviations. Building Regulations are expressions of a society's habitat standards. They are not mere
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
rectifies the deviation, if under construction, then this Court may consider the deviation made by him so far both sides of the building is concerned ... building next door. Learned Counsel explains that after approval of the building plan, construction of the building has commenced and the purported deviation was already
describes as
construction of building by the 2nd respondent in violation of the
Municipality Building Rules and in deviation from the approved
building permit which ... demolish
portion of the building on the reason that the construction is in
violation of the building rules and in deviation from the
approved plan
petitioner is that the 2nd respondent is
constructing a building deviating from the plan which has been approved
in his favour by the 1st respondent
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
been taken.
6. MCD submitted vide its written statement that deviations
against sanction building plan no. 194/B/CLZ/98 dated 30.11.98 at
Ground Floor ... deviations). Moreover, the
written statement of MCD further clears the status of suit property
whereby it has been submitted that deviations against sanctioned building
plan
with the permission so obtained, the deviation should be demolished. It should be ensured that the construction of building is done as per permission ... same are permitted on minimum 750 sq. mtrs. land area.
No deviations from building plans approved as per building bye-laws may be permitted
plan and held:
Builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejudice of the planned development ... constructed fourth floor and also made deviations in violation of the building bye-laws. It is, therefore, reasonable to conclude that the construction made
Dr. Kunal Hazari vs The State Of Bihar And Ors. on 27 July, 2007
Equivalent
