Court has no jurisdiction to fix the compounding fees and to regularise the deviations and unauthorised constructions made by the 1st respondent herein. On behalf ... Petition is whether the impugned orders of the lower Court regularising the unauthorised constructions/deviations should be allowed to stand. The unauthorised constructions questioned
Deviations during Construction
i) Wherever any construction is in
violation/deviation of the sanctioned plan, the
Commissioner may, if he considers that the
violations / deviations ... regularise such
violations/deviations after recording detailed reasons
for the same.
ii) Violation/deviation as at 6.0 (i) above may
be regularised only after sanctioning
deeds.
3. The respondent - Town Municipality passed
an order on 09.05.2005 regularising the deviations and
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approved the construction of the building
complaint of deviation from the conditions of licence could not
have regularised the deviations.
11. An almost similar situation was addressed in
Perincheerikkara Alavi ... still worse. The impugned decision to regularise the
burial pits constructed without sanction was on a complaint of
deviation from the sanction issued under
Municipal Corporation Of Greater ... vs The National Green Tribunal Western ... on 10 June, 2016
Author
sanctioned revised Building Plan. So
it can not be said deviation which was minor in nature as argued by the Ld.
Advocate on behalf ... submitted that the illegal construction can be regularised if
it is found that there was major deviation.
I have gone through the report
accordance with
the approved plan. Herein, the minor deviations
from the approved plan has been regularised by
the Corporation. The other requirement is that
Government Order was passed amending the
percentage of permissible deviation from 25% to 5%,
deviation up to 25% was allowed. Therefore, the
learned counsel submits ... since the construction
was prior to 17.03.2011, 25% of the deviation could
be regularised.
4. Learned counsel for the respondent
Corporation submits that the permissible
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
submits that, if there is
any deviation from the plan, the Commissioner has the
power to regularise it by imposing the prescribed
penalty. She submits ... place, there would not be
any difficulty in getting the unauthorised structures
regularised.
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4. Ms.M.P.Geethadevi, the learned counsel
appearing
