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1 - 10 of 14 (0.23 seconds)Section 328 in Gauhati Municipal Corporation Act, 1971 [Entire Act]
Section 327 in Gauhati Municipal Corporation Act, 1971 [Entire Act]
Priyanka Estate International (P.) ... vs State Of Assam And Ors. on 28 July, 2006
17. This Court further finds it relevant to take note of the judgment of the
Supreme Court in the case of Priyanka Estates International Pvt. Ltd. & Ors vs.
State of Assam reported in (2010) 2 SCC 27 [hereinafter referred as Priyanka
Estates International Pvt. Ltd. (II)] wherein the Supreme Court while affirming
the judgment of the learned Division Bench has also observed at paragraph 50
that if the constructions are in absolute violation of the sanctioned or approved
plans and are not likely to fall in the category of compoundable items, then the
necessary consequence is to order its demolition and seal of approval for such
illegal activities is not required to be given by this Court. In paragraph 55 of the
said judgment, the Supreme Court further observed that illegal and
unauthorised constructions beyond the sanctioned plans are on rise, may be
due to paucity of land in big cities. Such activities are required to be dealt with a
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firm hands otherwise builders/colonisers would continue to build or construct
beyond the sanctioned and approved plans and would still go scot-free.
Ultimately, it is the flat owners who fall prey to such activities as the ultimate
desire of a common man is to have a shelter of his own. The Supreme Court
further observed that such unlawful constructions are definitely against the
public interest and hazardous to the safety of occupiers and residents of multi-
storeyed buildings. To some extent, both parties can be said to be equally
responsible for this. Still the greater loss would be of those flat owners whose
flats are to be demolished as compared to the Builder. In the said case, the
Supreme Court, however, did not exercise the power under Article 142 of the
Constitution, but granted liberty to those flats owners whose flats are ultimately
going to be demolished, to exhaust the remedy that may be available to them in
accordance with law against the builder. Paragraphs 50, 55 to 62 being relevant
are reproduced hereinunder: