Wednesday 14 July 2021

Under which circumstances Municipal Corporation can permit regularization of unauthorized Construction?

 The Judgment in the case of Esha Ekta (Supra) shows also the parameters for regularization of irregular structures. The case of Friends Colony (Supra) cited in the judgment shows that municipal laws permit deviations from sanctioned constructions being regularised by compounding "but that is by way of exception which, unfortunately, has become the rule". The Judgments holds that only such deviations which are bona fide and are attributable to some misunderstanding or which were such that the benefit gained by the demolition would be far less than the disadvantage suffered by demolishing could be regularized. It further holds that deliberate deviations did not deserve to be condoned and compounded. It also enjoins that the compounding of deviations should be kept to the bare minimum. It observes that professional builders stand on different footing from an individual constructing his own building. A professional builder is supposed to understand the laws better and deviations by such builders can be safely assumed to be deliberate and done with the intention of earning profits and hence would deserve to be dealt with sternly so as to act as detriment for its future. {Para 14}

15. The Supreme Court further observed that only marginal, accidental violations, unconsciously made, after trying to comply with  all requirements of the law can alone qualify for regularization.

 Bombay High Court

Shubh Apartments Chs Ltd vs The Municipal Corporation Of ... on 24 July, 2013
Bench: R. S. Dalvi

Read full Judgment here: Click here  
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