floor and machine room in
the entire building as per the sanctioned building plan but the entire building was not
constructed as per this plan ... expired somewhere in the year
1996. There are number of deviations against the sanctioned building plan as well as
unauthorized construction in each floor including
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
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
proposal for sanction
of building plan was submitted to MCD on 28.02.1994. The
building plans were approved by the Building Plan Committee ... after release of the building plan. He
stated that the building sanction plan was processed in accordance
with the building bye laws
Garg, JE
(Building) who inspected the building on 01.09.1998 reported
that the covered area of basement is more than the sanctioned
building plan.
5.1 Further ... investigation revealed that the building was being constructed in
violation of building bye-laws and deviations from sanctioned
building plan, both
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
point of time.
He admitted that the compoundable deviations in any building can be
compounded at the time of completion. He stated that he does ... building where open space area was shown in the
copy of the building sanctioned plan. He also stated that the deviations
made in the form
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
posted in Building Headquarters. He deposed that the duties
of the engineers posted in Building Department are to ensure the
building activities within the permissibility ... Engineers posted in Building Department are to ensure the building
activities within the permissible applicable norms. He further
deposed that building activities in a zone
carrying out unauthorized construction in the shape of basement
and deviation against sanction building plan file no.
ASHISH Digitally signed
FIR No:51/2016 ... carrying out
unauthorized construction in the shape of
basement and deviation against sanction building
plan file no. 115/A/HO/94, dt. 26.07.1994 without
permission
