AI Overview...
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Demolition within Condonable Limits - Demolition should not be resorted to if deviations from sanctioned plans are minor and fall within condonable limits, as courts have recognized such deviations as not constituting open defiance or illegal acts Niagree Builders & Developers Pvt. Ltd. VS State of Bihar through Principal Secretary, Town Planning and Urban Development Department - Patna, Patna Municipal Corporation VS State of Bihar - Patna, ASTERISK HOME PVT. LIMITED VS STATE OF BIHAR - Patna, Dhananjay P. Raipat VS Ranchi Municipal Corporation, through its Chief Executive Officer, Ranchi - Jharkhand, Manoj Kumar Bharti VS Municipal Building Tribunal - Patna.
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Minor Deviations and Legal Protection - Courts have emphasized that minimal deviations, such as slight height or area differences, are often protected under laws and bye-laws, provided they remain within permissible or condonable limits. For example, deviations in building height or area that are within the prescribed limits are generally not grounds for demolition ASTERISK HOME PVT. LIMITED VS STATE OF BIHAR - Patna, Dhananjay P. Raipat VS Ranchi Municipal Corporation, through its Chief Executive Officer, Ranchi - Jharkhand.
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Condonation of Deviations - Authorities are mandated to condone minor deviations after calculating the extent within permissible limits, rather than ordering demolition. This is supported by provisions such as Section 317 of the 2007 Act and relevant municipal bye-laws Patna Municipal Corporation VS State of Bihar - Patna, Manoj Kumar Bharti VS Municipal Building Tribunal - Patna.
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Court Rulings on Deviations - Courts have set aside demolition orders where deviations were minor and within condonable limits, emphasizing that law does not recognize minimal deviations as violations warranting demolition. Proper measurement from sanctioned plans is crucial in determining deviations ASTERISK HOME PVT. LIMITED VS STATE OF BIHAR - Patna.
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Unauthorized Construction and Demolition - Demolition actions are justified primarily in cases of significant unauthorized construction or deviations beyond permissible limits. Residential premises not misused or involved in illegal construction are protected from unwarranted demolition M. C. Mehta VS Union of India - Supreme Court.
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Enforcement and Legal Procedure - Authorities are instructed to issue notices and initiate appropriate actions against illegal constructions, especially in cases of commercial use in residential areas or constructions violating road width and other zoning laws, but should avoid unnecessary demolition of minor deviations Narendra Mishra VS State Of Bihar - Patna.
Analysis and Conclusion:
Demolition should not be resorted to for minor deviations that fall within legally or municipally defined condonable limits. Courts and authorities recognize that minimal deviations—such as slight height or area differences—do not constitute violations warranting demolition, provided they are within permissible limits. Proper measurement, adherence to sanctioned plans, and the application of condonation provisions are essential. Demolition actions are justified only in cases of significant unauthorized construction or deviations beyond condonable limits, ensuring a balanced approach that avoids unnecessary destruction of compliant or nearly compliant structures.
Search Results for "Demolition should Not be Resorted to if the Deviation is Within Condonable Limit"
2015 0 Supreme(Pat) 873 • India - Patna
JYOTI SARAN
The petitioner's case was found to be a minor deviation falling within condonable limits and not an act of open defiance. ... It held that the petitioner's case was a minor deviation falling within condonable limits and not an act of open defiance. ... The court also distinguished between minor deviations falling within#HL_E....
2022 0 Supreme(Pat) 397 • India - Patna
ASHWANI KUMAR SINGH, NAWNEET KUMAR PANDEY
in construction within the premitted (condonable) limit, as per Section 317 of the Act of 2007, the Municipal officer shall not ... are within the permissible limit, the Chief Municipal Officer shall be obliged not to order for its demolition and shall condone ... order for demolition. ... beyond the condonable #HL_S....
2003 0 Supreme(Pat) 1219 • India - Patna
B.N.P.SINGH, P.N.YADAV
from the sanction plan-Proviso 10.2 of the bye laws would not give protection from demolition of the portion of the building beyond ... Section 54 r/w Proviso 10.2 and 21.2 of Modified Building Bye Laws-Construction of multi-storeyed building made after making major deviation ... Modified Building Bye Laws-Provisions made in the bye laws either about floor area ratio or the area and height limitations are not ... payment o....
2018 0 Supreme(Pat) 1234 • India - Patna
ASHWANI KUMAR SINGH
Finding of the Court: The court found that there was no deviation in the height of the building and set aside the impugned ... It emphasized that the law does not take notice of minimal deviations and that the correct measurement for building height is from ... to construct over and above the second floor, citing deviations in construction. ... if deviations are within permissible #HL_....
2023 0 Supreme(Jhk) 676 • India - Jharkhand
RAJESH SHANKAR
error in passing impugned order without taking a decision on revised map of said apartment submitted by petitioner - Condonation of deviation ... Held, No valid application for revision of map of said apartment can be said to be pending before competent authority – Court do not ... to protect interest of flat owners who purchase flats after relying on building plan sanctioned prior to construction – Court do not ... was within#HL_....
2023 0 Supreme(Pat) 690 • India - Patna
RAJIV ROY
Bihar Municipal Act, 2007 – Sections 313 & 315 – Demolition of building in contravention of building bye-law ... – if the entire stretch of road is not 20ft and only in front of the apartment or any other place, the width shows 20ft, and only ... is directed to condone the same after calculating the area of condonation which comes within the condonable limit and rest deviation ... concer....
2011 0 Supreme(Pat) 388 • India - Patna
a minor deviation of the sanctioned plan-The revised plan reducing the parking area also could not have been acted upon by the petitioners ... Bihar Regional Development Authority Act, 1981-Section 54(1) r/w Bihar Municipal Act, 2007-Section 323(1) Demolition of unauthorised ... the covered parking area at the height of 2.4 meters from the ground level-The Municipal Commissioner, PMC rightly ordered for demolition ... to b....
2023 0 Supreme(Jhk) 677 • India - Jharkhand
RAJESH SHANKAR
Case has been dismissed, affirming said order – Held, Petitioner by not depositing said amount of penalty for about six years is ... beneficiary of said situation - This is also one of reasons not to interfere with said amount of penalty at this stage - Building ... discretion in imposing amount of penalty upon petitioner - Court while exercising power under Article 226 of Constitution of India does not ... with respect to the plinth covere....
2020 8 Supreme 682 • India - Supreme Court
ARUN MISHRA, B.R.GAVAI, KRISHNA MURARI
have sealed residential premises which were not misused for commercial purpose nor it could have directed demolition of those residential ... authorized to take action concerning residential premises situated on private land – If there is unauthorized construction or in case of deviation ... Monitoring Committee was appointed and empowered by this Court to take action within the powers conferred. ... (ii) The cost of #HL_....
2013 0 Supreme(Pat) 671 • India - Patna
NAVIN SINHA, VIKASH JAIN
issue notices to the builders and property owners involved in illegal constructions and initiate appropriate action, including demolition ... To ensure that commercial/non-residential constructions are not permitted in residential areas contrary to the law. ... The Court had earlier passed an order in 1996 prohibiting such constructions on roads less than 15 feet wide, but the order was not ... Hotels (P) Ltd.) it was observed that #HL_STA....
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