cannot bank upon the provisions of this Act to get the unauthorized construction regularized. He has also produced notification showing the last extension which ... removal of the unauthorized construction. He has also complained against the authorities for not taking action for removal of the unauthorized construction inspite
were allotted pre-construction stage
whereas the demand of the petitioners is post-construction only for the
purpose of regularizing unauthorized construction which ... land or any non-developable plot for the
purpose of regularization of unauthorized construction or
excess construction, after coming into force the said
regulation
2020 9
defines unauthorized construction, which reads thus:
"(k) "Unauthorised Construction" means any construction,
addition or reconstruction carried out or completed ... unauthorized
Construction.- (1) Application for regularization of unauthorized
construction declaring the details pertaining to the unauthorized
construction shall be submitted to the Secretary in Form1
regularization of unauthorized construction and for which a
screening committee was formed with the Assistant Commissioner for
prevention of unauthorized construction. In view of said ... regularization. The plaintiff further contended that
accordingly on 29-05-1989 he has filed an application before the
concerned authorities for regularization of unauthorized construction
large scale unauthorized construction. Per
contra, it was vehemently urged by the petitioners that the petitioners
had not carried out any unauthorized construction ... regularization of the unauthorized
construction irrespective of the scale or violation of such unauthorized
KVM
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WPL 22398 OF 2022.doc
construction is accepted, every
retention of an unauthorized
construction. In the objections, he has stated that
an unauthorized construction can be regularized
provided it is in conformity with sanctioned ... regularized.
Even otherwise, under the existing law, such
constructions cannot be regularized. Sub-Clause 3
of Clause A provides that regularization of
unauthorized constructions made
regularization of an unauthorized and illegal construction. It is
vehemently submitted that the private respondent admitted the said
unauthorized construction to have been undertaken ... support of the contention that the Municipal Commissioner can
regularize the unauthorized construction upon payment of the requisite
fees, reliance is placed upon a judgment
retention of an unauthorized
construction. In the objections, he has stated that
an unauthorized construction can be regularized
provided it is in conformity with sanctioned ... regularized.
Even otherwise, under the existing law, such
constructions cannot be regularized. Sub-Clause 3
of Clause A provides that regularization of
unauthorized constructions made
consideration whether the Municipal Commissioner or his
delegatee possesses authority to regularize unauthorized construction on
acceptance of retention fee. In view of the judgment ... been relied
upon in order to regularize unauthorized construction at the premises in
question but the said circular was found to be patently de hors
that on 12th July, 2006 the Special Officer
(Building) KMC regularized the unauthorized construction on payment of
charges although by this time ... automatically comes whether the Special Officer
(Building) had any jurisdiction to regularize unauthorized construction
against the payment of money under the provisions of section
