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
court. The Corporation has been empowered by the
statute to regularise some deviations. However, if such
deviations are major or in violation of the rules ... plan and lay out of the area in question, such deviations
cannot be regularised. Calling the added respondent for a
meeting would not ipso facto
position, that the two floors
constructed by the petitioners along with the
deviations are unauthorized, i.e., without a sanction.
In the opinion ... usually, the commissioner or his
delegatee exercises a discretion and regularises
minor deviations. Retention/regularization cannot be
claimed as a matter of right
para 25 as follows:
?Though the municipal Laws permit deviations from sanctioned
constructions being regularised by compounding but that is by way of
exception. Unfortunately ... have carried out construction
activities in anticipation that such violations/deviations might be
regularised.
If admittedly the constructions are not in terms of the rules
Court held that though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Only such ... occupants of the building. Though municipal laws permit deviation from sanctioned constructions being regularised by compounding but that is by way of exception. Only such
discretionary powers conferred under Rule 25(3) therein can only
regularise such deviations which fall within the provisions of the Act.
1
(2013)5SCC353 ... under:
"1...Though the municipal laws permit deviations from sanctioned
constructions being regularised by compounding but that is by way of
exception. Unfortunately
trite that only irregularities can be regularised, illegalities cannot. What can be regularised is deviation or alternation in construction, which would not be violative
five
PSUs, namely REC, NHPC, NEEPCO, THDC and SJVN not to
regularise the deviated pay scales adopted in respect of below
Board Level Executives
Supreme Court held that 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
plans showing the un-authorised construction/deviations and thereupon the defendant Municipal Corporation of Hyderabad shall regularise the construction by compounding the offence within three
