comprehensive scheme is provided to deal with
applications for regularising unauthorised or deviated
constructions. Therefore the question mooted for consideration
is as to whether ... Section 406 , merely on the
finding that the unauthorised or deviated construction can be
regularised. Basically, the right to approach the Secretary for
regularisation
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
petitioner approached the third respondent with an
application for regularising the construction effected
deviating from the approved plan. But, that application has
not been considered ... Building Permit and for considering his application for
regularising the construction effected deviating from the
approved plan. But, by Ext.P12 letter dated
dated 29.1.2010 calling upon the
petitioners to submit a revised plan for regularising the additional
constructions made by them. The petitioners thereupon submitted a
revised ... petition is
whether for regularising the said deviation, which deviation according
to the respondents can be regularised under rule 143 of the Kerala
Municipality Building
Municipality that there are certain
WP(C) NO. 9585 OF 2023 3
deviations from the building permit in the completion plan. It is
submitted that ... submitted Ext.P8 representation
and had expressed their intention to regularise the deviation
effected. It is submitted that though Ext.P8 was received
Akathalam. Even according to him, there has been
deviation from the plan approved in so far as the Akathalam
is concerned. On completion ... stated
above, he has submitted Ext.P4 application for regularising
the deviation he has made and numbering the structure.
Now that
constructions and
deviations as per Rule 134 of the Rules, 2011, which stipulates that the
Secretary shall have the power to regularise construction or reconstruction ... regularise any construction, reconstruction, or alteration of the
building, commenced, carried on or completed without getting a plan
approved by the Secretary or in deviation
regularise the alleged illegal construction. According to
the learned counsel, Rule 143 empowers the Secretary to regularise
certain constructions made in deviation of the approved ... Power of the Secretary to regularise
certain constructions:- The Secretary shall have the
power to regularise construction or reconstruction or
addition or alteration
Engineer, and he
was promoted as Executive Engineer after the petitioner was
regularised in service in the post of Assistant Executive Engineer,
definitely, the petitioner ... Under what circumstances such a deviation
has been made is not known. If the petitioner was regularised
before regularising the 3rd respondent in the post
unauthorised construction for regularisation and the State Government is empowered to regularise such irregularities. Section 2(d) of the above rules defines the expression ... construction completed prior to a cut-off date is regularised, if there was permissible marginal deviation from the rules. The intention
