defendant No.1 and 4 constructed building by violation
and deviation of building byelaws. It is noticed that
after passing provisional order the defendant ... building
bye-laws
2. Coverage 61.96% 85.96%
3. FAR 1.75 Building
Under
Construction
4. Zoning Residential Residential
Regulations Building building
Thus the owner is deviating
Municipality for removal
of the constructions made in deviation to the building permit and in
directing under Section ... without opportunity or without
prior notice while admitting about the deviations and the deviations
are liable to be demolished as sought for.
10. Heard both
lease, namely,
for non-payment of rents and for constructing the building in deviation of
the sanctioned plan which is also in violation ... Rules
and Bye-laws of the KMC by constructing the building in deviation of the
sanctioned plan, the plaintiffs were entitled to determine the lease
found that the 5th Respondent had put up his building by deviating the Approved Plan. Action was initiated against the 5th Respondent and a Lock ... applicant/building owner to rectify the defect noticed in deviation and restore the building as per the approved drawing within stipulated period as directed
passed in W.P.Nos.5036-
5038/1991.
3. The deviation in the said Building were pointed
out by the concerned Asst.Executive Engineer ... Church Street,
Bangalore in Ward No.76 is constructed the
Building, deviating from the Sanctioned Plan by
The Deputy Director (Planning Cells) vide
Corporation. The Trial Court held that the petitioner
has constructed his building deviating from the
sanction plan encroaching upon the public road.
However, the Trial ... concerned authorities, the petitioner has been made to
part his own building standing well within the limits of
his own plot and is made
building as per
the building plan which was already sanctioned and regularised
previously under the provisions of Jharkhand Regularization of
Unauthorized/Deviated Constructions through Regularization ... petitioner to get
22% non-condonable part of deviation in the building demolished. In
my considered opinion, the impugned order order dated 27.03.2018
contained
respondent locked and sealed the premises on 19.12.2017 as the deviations in the building were not rectified.
5. The 4th respondent landlord approached the Government ... from the unauthorised portion, deviated portion and encroached portion as the deviation, unauthorised construction and encroachment dominate the entire building other than the authorised construction
deviating the approved plan and the said deviations and set backs are extracted hereunder:
Sl.
Description
As per plan
As per Site
Deviated / Unauthorised ... Floor
Nil
3 m2
Deviated Area 3m2
2
Second Floor
Nil
3m2
Deviated Area 3m2
3
Terrace
Nil
3m2
Deviated Area 3m2
4. Besides
found that the petitioner herein has put up his building by deviating the approved plan and also put up unauthorized construction in the second floor ... found that the third respondent herein has put up his building by deviating the approved plan. The measurements taken are as follows:-
S.
No.
Description