Deputy Director Enforcement And ... vs Mohammad Rafiq Sheikh And Others on 3 August, 2023
16. Firstly, the Tribunal ought not to have ordered for the
compounding of the violations as there was no such relief sought
for, even otherwise, if such relief was sought, same could have not
been granted in view of the judgment of this Court passed in
Building Operation Controlling Authority vs. Vijay Kumar and
anr. passed in OWP no. 959 of 2012 decided on 16.03.2022. The
said judgment deals with this aspect of the case as to whether
violations committed with regard to the setbacks can be
compounded or not. Para 12 to 20 of the said judgment is relevant
to be reproduced hereunder: