plaintiff has not even been told what is unauthorised user, or the unauthorised construction and what is the extent of each of them ... best of the information available with the plaintiff there is no unauthorised construction in the premises, which requires demolition under the tenancy of the plaintiff
WHETHER CONVERSION WILL BE
GRANTED EVEN IF THERE IS UNAUTHORISED CONSTRUCTION?
Conversion will be granted to the leasehold properties even if there is unauthorised construction ... Laws.
The conversion to freehold in the presence of misuse/unauthorised construction does not act as a waiver of any action which is liable
construction has been allowed only upto Barsati but the plaintiff has raised construction on 3rd floor as well as 4th floor besides raising unauthorised construction ... demolition action in respect of unauthorised building, is accepted, it would mean that pending action of demolition against unauthorised construction already in existence, the authorities
offences, i.e. after charging a particular fee to regularise the unauthorised construction, to the extent it is permissible under the rules. The remaining provisions ... unauthorised. This dicta is now almost bordering rule of law. A direction cannot be issued which encourages illegality or perpetuates an illegality. Unauthorised construction
would be justified. In the submission of Mr. Dutt every unauthorised construction does not necessarily require "immediate action"; the circumstances must justify ... read with S.401 which provides for demolition of an unauthorised construction after giving appropriate notice and opportunity of hearing to person affected. Whereas
completely as according to them it was unauthorised construction. It is also admitted that while they were in the process of demolishing the ladi coba ... spot for bringing a stop to further demolition of the alleged unauthorised construction which had been started by the Assistant Engineer without any notice
illegal construction and/or illegal use of the construction. It is further pointed out that if the construction is illegal or unauthorised, the respondent Corporation ... floor to 5th floor are being used as office unauthorisedly by making unauthorised construction. No suit is pending. It is also stated that the builder
demolish the construction. By that time, the appellant had raised the construction up to 4th floor. At this stage of the construction, the appellant approached ... directed demolition of unauthorised constructions. This does not appear to have any salutary effect, in cases of unauthorised construction coming to this Court. While directing
fifth and sixth floors were constructed unauthorisedly.
(f) On 11.09.2000, CMDA sent a letter, stating that deviated unauthorised construction, under any circumstances, will ... further request to stop construction forthwith.
(i) On 28.09.2000, CMDA made an inspection and found construction of seventh floor, as unauthorised
taken in this regard. The issue relating to the demolition of
unauthorised construction had come up on more than one occasion. Series of
judgments ... construction and in spite of notices and orders to stop the construction
activity. The constructions put up are thus illegal and unauthorised. The
appellant
