violation of
building regulations. I have observed that the deviations
6
and violation of the building regulations were brought to
the notice of the authority ... locality where the constructions were going
on. Despite the deviations and the violations of building
regulations are brought to the notice of the
Corporation/authority
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 in brief are that the appellant,
on noticing the deviations in the buildings put up by the first
respondent on the property in question ... served on us. I have no
objection to demolish any deviated portion in our
building. .. ... It is true that corporation authorities have
not sanctioned plan
that permission
was obtained from Hubli-Dharwad Municipal
Corporation to get the building renovated and in this
regard permission was obtained vide ... done on
a smaller scale and the deviation was regularized. Ex.D-
7 is the building plan submitted to Municipal
Authorities at the time
above, there was no question of deviation in the matter of
construction but the cinema building was constructed in violation
of the scheme prepared ... suit is that the Corporation
Commissioner should be restrained from regularising these
deviations. Such a relief is wholly unthinkable as rightly observed
by the trial
petitioner and he was called upon to demolish the
deviated portion of building. The petitioner filed
O.S.No.25161/2010 in the City Civil
questioned. Schedule II of the Building Regulations further
makes it mandatory to the petitioner to obtain building licence
for the purpose of construction and construction ... construction. The authorities are not supposed
to demolish the building in case a deviation. But they have been
empowered even to give licence even before
mandatory injunction to the defendant
No.2 to demolish the deviated portions of the building.
4
3. The defendant No.1 filed the written statement ... violation of the
sanctioned building plan. If the building is erected in violation
of the sanctioned plan, then also the plaintiff has to show
that
Executive Engineer,
Bruhat Bangalore Mahanagara Palike,
Girinagar Sub-Division,
Channammanakere Achukattu,
Municipal Building,
Bangalore - 560 028. ...RESPONDENTS
2
This petition is filed under Articles ... give a report that the deviations have
been removed and the construction is within the building
byelaws and the sanctioned plan and to issue occupancy
concerned building, it is found necessary to
direct the jurisdictional Tahsildar who shall
with the assistance of a competent Engineer
visit the building in question ... construction as it exists and to identify the
deviations from the building plan, if any, and
the extent of such deviation in complete
detail
