construction
of 4th and 5th floors and part of
6th floor regularising the
deviation imposing the compound
fee of Rs. 1000/- on 1.1.79 and
marked ... submitted note before approval
of the said proposals and also
regularised the offence by levy of
compounding fee.
Hence, I submit that since I have
been made in according to the
building plans, the deviations were regularised only after
payment of compounding fee and removal of those portions of
construction
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
deliberate deviation of the statutory requirements. It is not uncommon that illegal constructions are compounded by collecting the compounding fee and regularised the illegal constructions
mere irregularity, or minor deviation from the
Rules.
iii) On a humanitarian basis, the Appellants were deemed
to be regularised
N.K. Chauhan & Ors vs State Of Gujarat & Ors on 1 November, 1976
them. So long as the quota rule operated. it was possible to
regularise their appointments when posts within their quota
became available in later years ... means regularisation of appointments, which
is possible provided there is no excessive deviation from
the quota rule. [840 G-H, 841 A]
It is true
Arunachal Pradesh
as an independent State, the services of the incumbents were
regularised giving them retrospective effect from their actual/initial
date of joining ... Public Service Commission would not have
been given and if it had deviated from the past practice, the same
would have caused prejudice and grievance
Staff Selection Commission and
there could not have been any deviation therefrom. Unless the
Appellant had successfully cleared the said test he could not
have ... soon as he
cleared the said test, he was regularised from the date of
his passing the examination, that is on 12.04.1992. In other
words
them. So long as the quota rule operated, it was possible to regularise their appointments when posts within their quota became available in later years ... means regularisation of appointments, which is possible provided there is no excessive deviation from the quota rule. We quite appreciate that no blame
