building was 20.12 meters as against 16.54 meters. These deviations cannot be regularised. Equally, there is no question of revision of plan under Section ... 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
approved plan, but they are helping the promoter to legalise or
regularise the deviations. The learned counsel further submitted that the
building permit expired ... 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
approved plan, but they are helping the promoter to legalise or
regularise the deviations. The learned counsel further submitted that the
building permit expired ... 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
approved plan, but they are helping the promoter to legalise or
regularise the deviations. The learned counsel further submitted that the
building permit expired ... 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
conforms to the rules, CMDA will have to pass an order regularising the
deviation. A statutory action being validly performed under the rules
cannot ... regularise without prior approval and consent of the owners of the flat
is untenable. Respondents 4 to 14 are only regularising the deviations
in respect
itself. According to D.W.1, a revised
plan for regularising the deviations and for regularising the 7th and 8th
floors was filed ... structural
construction of the building was completed in 1983, the deviations made were
regularised in 1988, and the building was completed in 1995. Under such
local
planning Authority, Thoothukudi to consider the revised plan submitted for
regularising the deviations that to have been committed while putting up the
said kalyana ... accordance with law. When the revised plan had been submitted for
regularising the deviation, this Court would not be justified in issuing a
direction
vide paragraph-25): -
" Though the municipal laws permit deviations from sanctioned constructions
being regularised by compounding but that is by way of exception.
Unfortunately ... commencement of the 1998 Amendment Act
can be regularised/rectified. Even in respect of unauthorised
constructions/deviations made prior to the 1998 Amendment Act, only
deceased first defendant had made any deviation, the second defendant has the required authority to regularise the unauthorised construction. Referring to the MMDA Rules ... written statement that the 6th defendant has the authority to regularise any deviation made in construction of the buildings in accordance with the rules
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
