concerned. Additionally the learned
Advocate submits that the Special Officer (Building) recorded the
deviation made from the sanctioned plan and have allowed the retention
thereof ... building except
residential building, proposed to be erected or re-erected on a plot of 500
sq.mt or less of land or building
being plot no.804. They applied for sanction for
construction of a building on the said land in question. The then Chairman of the
Municipality ... third
floor.
The dispute started when Dey respondents started constructing the building deviating
from the original plan and that too, by violating the basic requirements
Building Rules, the maximum permissible height of the
building is 12.5 meters but the builder was allowed to elevate the height of
the building ... that the building plan having no legal foundation is ex facie
illegal and the building was constructed in egregious violation of the
building rules
contractor.
g) It appeared that the said contractor had deviated from
the sanctioned building plan and had constructed the
proposed building with the following irregularities ... prepared an area calculation
sheet in respect of the reconstructed building showing a minor deviation of
FAR consumed when compared to permissible
submitted by the appellants/writ petitioners
herein.
29. The deviation in the sanctioned G+2 building by constructing
additional two floors is not only major ... CODE for the G+2 building.
But, the appellants/writ petitioners had constructed building thereby
deviating from the sanctioned plan as sanctioned
that a person authorized to erect a
building in accordance with sanction, who erected a building in deviation of
sanction or contrary to sanction ... disregard of the applicable building rules
and/or without sanctioned building plan and/or in contravention of the
building plan. Section 411 governs demolition
also become evident,
that during the construction of the building in question, horizontal
deviations had been noticed by the concerned SAE & a stop work ... with drawings incorporating
the deviations, and structural calculation in case of
structural deviations, stating the nature and purpose of
such deviations, at least fifteen days
Special Officer (Building), Building
Tribunal and the High Court respectively. The relevant portion of the order of
the Special Officer (Building) reads such ... demolish unauthorised
portion of the building constructed which was in deviation of the Building
Plan. There was also violation of Building Rule
writ petition, there are no particulars of the alleged
deviations from sanctioned building plan. In paragraph 8, there is
a sweeping averment, which ... applicable building rules. The revised building plan, that
has been sanctioned, does not infringe the applicable Building
Rules. .
Whether the developer is, in fact, carrying
storied building on the
land adjoining the plaintiff's property in brazen violation of
the applicable Building Rules and in clear deviation from ... construction of a multi-storied building is
being carried out in gross violation of the Building Rules and
in deviation from the sanctioned building plan
