deviation from the sanctioned plan which are enumerated in para 21 of the petition. He further states that all these deviations can be regularised ... revised plan will be furnished for the purposes of regularising the aforesaid deviations. Order revoking sanction on account of the aforesaid deviation will
sanctioned and commenced the constructions. The assessed had no right to make deviations from the sanctioned plan or to continue the construction after the sanction ... however, has the power to sanction revised plans so as to regularise the deviations or give ex post facto sanction for the constructions made after
letter dated 19.8.1998, submitted to the DDA, for approval, drawings of deviation plan. Undertaking as demanded by DDA on a non-judicial stamp paper ... notified Building Bye Laws 1983, vide appendix Q compoundable deviations are regularisable on payment of necessary charges. Since this was permissible in law, DDA proceeded
additional affidavit in Court before regularising the compoundable / non-compoundable unauthorised structure.
(c) That the portion which was regularised and shown ... Kailash Colony, New Delhi and by order dated 18.3.1999 the MCD regularised the deviations and released regularisation plan of 20.9.1999 with the following endorsement:-
Request
five
PSUs, namely REC, NHPC, NEEPCO, THDC and SJVN not to
regularise the deviated pay scales adopted in respect of below
Board Level Executives
residential purposes.
4. Admittedly, defendant-MCD has not regularised
unauthorised construction or non-compoundable deviations
and rejected the application of the plaintiff on account ... residential to commercial which is not
at all regularisable. The demolition of the
non-compoundable deviations in a condition precedent to
the consideration
such an illegal construction exists.
26. Recently, the Supreme Court, speaking about deviations from building norms, in a Judgment reported as Friends Colony Development Committee ... held as follows:
"Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately
time without any artificial break in
service. Any such appointment may be
regularised giving him security of
tenure. The all important condition
precedent for such ... that where the due process of
appointment has been deviated from,
the Court can regularise the same. In
cases where the process itself is
completely
move
independent applications for seeking permission for regularising the
unauthorised construction and/or compounding the deviations.
5. He states that there is no legal impediment ... instructions that
Respondent No.1 would apply to MCD for permission to regularise the
construction on his first floor.
6.1. He states that so long
question and thus the parties were put on notice requiring the deviations and excess coverage on the ground, first and second floors to be brought within ... second floor of the building and these deviations are not compoundable and cannot be regularised in terms of the building bye-laws. In short
