West Bengal
Municipal Corporation Act, 2006 , should prevail when an unauthorised
construction falls within the jurisdiction of both Acts, this issue has never
been explicitly ... Society filed
WPA 1024 of 2024 before this Court alleging unauthorised construction by
the petitioners.
4. It was alleged that the petitioners engaged in construction
under Section
354A of the MMC Act alleging that an unauthorised construction of
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would not require the recording of panchnama. Section 354A
requires the Designated Officer to be satisfied that the construction
started is unauthorised
under Section
354A of the MMC Act alleging that an unauthorised construction of
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would not require the recording of panchnama. Section 354A
requires the Designated Officer to be satisfied that the construction
started is unauthorised
namely Abdulla Zakaria and Sulaiman
Zakaria, commenced unauthorised construction over a portion of the
aforesaid property without obtaining any valid sanctioned building plan.
Accordingly ... rightly directed demolition of the said
unauthorised structure.
46. The record reveals that the unauthorised construction is entirely
attributable to the said two individuals
namely Abdulla Zakaria and Sulaiman
Zakaria, commenced unauthorised construction over a portion of the
aforesaid property without obtaining any valid sanctioned building plan.
Accordingly ... rightly directed demolition of the said
unauthorised structure.
46. The record reveals that the unauthorised construction is entirely
attributable to the said two individuals
under Section
354A of the MMC Act alleging that an unauthorised construction of
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would not require the recording of panchnama. Section 354A
requires the Designated Officer to be satisfied that the construction
started is unauthorised
round of proceedings
between the parties herein, in respect of the unauthorised construction in the
property in question, wherein, on 01st November, 2021, a notice ... dismissed for non-prosecution, as petitioner himself had removed the
unauthorised construction and chose not to pursue the appeal.
7. Since there was a dispute
officers of the
statutory body who had allowed the unauthorised construction to be
____________
Page 12 of 30
https://www.mhc.tn.gov.in/judis ... 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
exercised in a routine manner, so as to regularize the
illegal/unauthorised construction. In the event of routine exercise of powers of
regularization, the very ... 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
officers of the statutory body
who had allowed the unauthorised construction to be made or make
illegal allotments go scot free. This should not, however ... 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
