writ of Mandamus, directing the Second Respondent to demolish the deviated building constructed by the Third Respondent at Door No.91, Montorsier Street, Puducherry ... this Court in directing the Second Respondent to demolish the deviated building constructed by the Third Respondent at Door No.91, Montorsier Street, Puducherry
mininmum
plinth area of 3000 sq.m.
7. DEVIATION DURING BUILDING CONSTRUCTION
For any deviation from the sanctioned plan during stage of
construction, permission ... area as per the
sanctioned building plan.
11. OFFENCES AND PENALTIES
Any person who violates the building permission sanction
issued by the Authority or contravenes
writ of Mandamus directing the 2nd respondent to demolish the deviated building constructed by the 3rd respondent at Door No.91, Montorsier Street, Puducherry ... filed seeking a direction to the second respondent to demolish the deviated building constructed by the 3rd respondent at Door No.91, Montorsier Street, Puducherry
authority under the CRZ Regulation yet it had no authority to deviate
building and construction norms as stipulated under the Municipal Act
and Rules therein ... Konark Development Authority in the matter of any illegality
or deviation in the building planning either residential or non-
residential ought
building as per execution is in variation to the approved
building plan.
(ii)The ground floor plinth area of the building as per the construction ... high rise building. The position may be different in the case of one or two storied building where there are minor deviations from the Rules
deviations in such of the
buildings which though deviate from the sanctioned map but are
found to be within the permitted limits of deviation.
Section ... deviation can be
permitted. The case of the petitioner though admittedly is a case of
deviation from the sanctioned plan but whether deviations noted
would
work relating to construction of
building undertake or any alteration, addition or
modification of an existing building unless, the
building plan is approved ... work relating to construction
of building undertaken or any alteration, addition or modification of
an existing building unless the building plan is approved
unauthorised constructioin of R.C.C. Structure of 4 story
building deviating from sanction plan".
This was followed with a further intimation directing
demolition ... part of the building made in deviation from the
sanctioned plan which was unauthorised. The second notice issued
on 5th February, 2015 seeks deployment
enable the petitioner to rectify the deviation in the building and bring the same in conformity to the sanctioned plan within a reasonable time ... enable the petitioner to rectify the deviation in the building and bring the same in conformity with the sanctioned plan within a reasonable time
contends that, the
Building Tribunal did not consider that the building rules, which have taken into
consideration by the Special Officer (Building) in directing demolition ... sanctioned building plan. The Special Officer, Building had initiated two
demolition cases in respect of such detections or deviations from the sanctioned building
plan
