inherently illegal. An illegal
construction cannot be regularised though the respondent Authority is
empowered to regularise minor deviations in construction, not incorporated
with the sanctioned ... Major deviations, substantial
unauthorized constructions or violation of sanctioned plans are not covered
under the "Minor Deviation" category and cannot be regularised under
instant suit is that the
Corporation Commissioner should be restrained
from regularising these deviations. Such a relief is
wholly unthinkable as rightly observed ... instant suit
is that the Corporation Commissioner should be
restrained from regularising these deviations. Such
a relief is wholly unthinkable. Certain amount of
discretion vests
Board in its resolution No.443, dated 26.12.2023 resolved
to regularise the deviations by imposing an amount of Rs.25,99,768.60p
as penal ... undisputed fact that constructions were made
in deviation of the sanctioned plan, and those deviations were
regularised by the TTD Board vide resolution
Board in its resolution No.443, dated 26.12.2023 resolved
to regularise the deviations by imposing an amount of Rs.25,99,768.60p
as penal ... undisputed fact that constructions were made
in deviation of the sanctioned plan, and those deviations were
regularised by the TTD Board vide resolution
violation/deviation of the
sanctioned plan, the Commissioner may, if he considers that the
violation/deviations are minor, viz.; only when the
deviations/violations ... however, has the power to sanction revised plans so as to regularise
the deviations or give ex post facto sanction for the constructions
made after
adjudicated the
matter afresh, considered the extent and nature of the deviation, by
regularising / compounding the same and referred the matter to Srinagar
Municipal Corporation ... Tribunal has been accepted by the competent authority by
compounding /regularising the minor deviations. This court while
exercising writ jurisdiction cannot re-evaluate / re-appreciate
notice dated 26.05.2025.
3. As against the enforcement action and to regularise the deviations, the
petitioner filed an application for regularizing his premises under Section
prevailing regularisation policy and looking at the nature of deviations, the
same have been regularised after the property was inspected by concerned
JE/(Bldg ... compoundable deviations will be removed, which
as per MCD's latest status report have been removed. Compoundable
deviations have been regularised on payment
application before the first respondent, the
1st respondent refused to regularise the deviations, which was originally
committed by the builder/5th respondent and dismissed ... Deviation is completely different from unauthorised construction.
While deviations are normally permissible to be regularised, the unauthorised
construction is not. We do not know
state here that the
BBMP did notice that there was a deviation in the
construction compared to the sanctioned plan, but
the same was within ... within the
compoundable limits and the same has
been regularised by paying the
compounding/deviation fine of INR
77,73,412/-. In fact, this factum
