deeds.
3. The respondent - Town Municipality passed
an order on 09.05.2005 regularising the deviations and
4
approved the construction of the building
been submitted, it amounts to that the ninth respondent had
admitted deviations. Therefore, it is clear that the action initiated by the
respondent Corporation ... other construction in the stilt area. Therefore,
local planning authority cannot regularise this deviation as any conversion
of the stilt area for a different user
been submitted, it amounts to that the ninth respondent had
admitted deviations. Therefore, it is clear that the action initiated by the
respondent Corporation ... other construction in the stilt area. Therefore,
local planning authority cannot regularise this deviation as any conversion
of the stilt area for a different user
would be appropriate to take
it on record. The report speaks of deviation from the sanction granted.
Learned advocate for the private respondent submits that ... purpose of regularisation. According to him, the so-called deviation stands
regularised.
Be that as it may, since the Municipality is of the prima facie
without opportunity or without
prior notice while admitting about the deviations and the deviations
are liable to be demolished as sought for.
10. Heard both ... expressions in saying any unauthorised deviations in the constructions
made of the sanctioned plan cannot be compounded or regularised
much less as a matter
private respondent succeeds in the title suit, the so-
called deviations can be regularised. Therefore, it cannot be said that
there is any unauthorised construction
regularised and back door entries appointments contrary to the constitutional
scheme and/or appointment of ineligible candidates cannot be regularised ... deviating one of the elements in the selection process, which does not go
to the root of the process, can be regularised and back door
regularised and back door entries appointments contrary to the constitutional
scheme and/or appointment of ineligible candidates cannot be regularised ... deviating one of the elements in the selection process, which does not go
to the root of the process, can be regularised and back door
building.
25. Though the municipal laws permit
deviations from sanctioned
constructions being regularised by
compounding but that is by way of
Page ... discretionary
power conferred by such exception, has
become the rule. Only such deviations
deserve to be condoned as are bona fide
or are attributable
further submitted that there is a deviation in OSR area and setback and that the same cannot be regularised. Submission of the learned counsel ... open to the subordinate authority to say that, deviation if any, cannot be regularised.
12. Mr.K.Soundararajan, learned counsel for the Grater Chennai Corporation
