compoundable deviations in the existing building, which
existed was compoundable as per prevalent norms contained in
MPD - 2021. Compounding fee for the compoundable deviations ... copy of the rules under which the said
noncompoundable deviations were regularised after charging
the prescribed fee.
9. Finally, the appellant has submitted before
respondent no. 3 and in course of
such inspection, some construction in deviation of the
sanctioned plan and/or in violation of the building rules ... mean time, the petitioner approaches the
municipal authority for regularising the deviated portion and/or
any additional construction made by him in his premises
occupants of the building.
Though the municipal laws permit deviations from sanctioned
constructions being regularised by compounding but that is by way of
exception. Unfortunately ... discretionary power conferred by such
exception, has become the rule. Only such deviations deserve to be
condoned as are bona fide or are attributable
that case that in the case of deviations, CMDA can take action against the builder for the deviations, but the electricity connection cannot be denied ... occupants of the building. Though Municipal Laws permits deviation from sanctioned constructions being regularised by compounding but that is by way of exception. Only such
irregular. A regular structure cannot be regularised. No party would
apply for a regular structure to be regularised. The application for a
regularization, therefore, implicitly ... cited in the judgment shows that municipal
laws permit deviations from sanctioned constructions being regularised
by compounding "but that is by way of exception
2013
"... ... ... Though the municipal laws permit
deviations from sanctioned constructions being
regularised by compounding but that is by way of
exception. Unfortunately, the exception ... discretionary power
conferred by such exception, has become the rule. Only
such deviations deserve to be condoned as are bona fide
or are attributable
deviation. Hence it is wrong on the part of Corporation
to hold that the respondent has committed deviation
beyond 50%. If there is deviation ... feasible without affecting
structural stability, he may regularise such
violations/deviations after recording
detailed reasons for the same.
(ii) Violation/deviation
occupants
of the building.
Though the municipal laws permit deviations from sanctioned
constructions being regularised by compounding but that is by way
of exception. Unfortunately ... discretionary power conferred by such
exception, has become the rule. Only such deviations deserve to
be condoned as are bona fide or are attributable
bedroom flat to GHMC for regularisation of deviation. Deviation in construction made by the
opposite party was not known to the members of the association ... protested for the
deviation committed by the opposite party stating that it is the duty of the
opposite party to regularise the flat
realisation of a compounding fees as may be fixed by the Government, regularise any constructions, reconstruction or alteration of any building or digging ... completed without getting a plan approved by the Secretary or in deviation of the approved plan, if such construction, reconstruction or alteration of the building
