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
that the building
construction tax was not paid and hence building completion certificate was not
provided and in the absence of building completion certificate ... builder has made
deviations/violations, in the construction , it is his duty to rectify those
deviations or bring the deviations within permissible limits and secure
intra- contradictions of the report and the mention therein of the deviation of building rules, which do not fall under the adjudicative jurisdiction
intra- contradictions of the report and the mention therein of the deviation of building rules, which do not fall under the adjudicative jurisdiction
hence the cause of
action is continuing and when opposite parties deviated the plan and made
illegal construction which was regularized, certainly ... duty of the builder to get regularized the building for any
deviations made and as opposite parties also deviated by constructing pent
houses, no interference
revealed that multi storied building having 6675.18 M² area is constructed over 36.45 cents deviating largely from the plan furnished to the complainant. Even ... measurements given in the approved plan and permit.
3. Since the building covers the entire property of 40.5 cents the measurement shown in the building
first floor admeasuring 1725 sft. together
with car parking in the building known as AHILAY NIVAS for a valid sale
consideration of Rs.60 lakhs ... deviations in the construction. Merely
because some private bank alleged to have granted loan to somebody in respect
of the flat in the said building
opposite parties in the Agreement for reservation of flat is quite deviating
from payment schedule given by opposite parties ... correspondence have not disclosed any
information about the building plan, statutory permissions for construction of
apartment building and its progress and never gave agreement
undertaken that the construction would be strictly as per the
sanctioned plan/building by-laws and it
would be his sole responsibility to
obtain ... sanctioned plan/building by-laws. It was the responsibility of the opposite
party to pay the penal charges for deviation.
But the complainant had paid
thereby reducing
the living space for him. The building plan is not yet approved by the
concerned Municipal Authorities. The Sales Manager working ... availability of approved building plans. My client denies the alleged reduction of the
carpet area without intimation, non approval of
building plans by the concerned
