AI Overview...
- Unauthorized Occupation of Flats - Several sources discuss cases of unauthorized occupation or construction in flats owned or managed by government or housing authorities. For example, Hira Prasad Pandey VS High Court Of Judicature At Patna - Jharkhand highlights punishment for unauthorized occupation of service quarters, where flats belonged to Bihar State Housing Board, and procedures for allotment were superseded. Similarly, EMPIRE CONSTRUCTION AND HOTEL CORPORATION LIMITED VS AHMEDABAD MUNICIPAL CORPORATION - Gujarat describes unauthorized constructions in a building, with legal proceedings considering the legality and prior sanctions. N. Suryanarayana VS Municipal Corporation of Hyderabad, rep. by its Commissioner, Hyderabad - Andhra Pradesh details unauthorized multi-storied constructions exceeding sanctioned plans, with ongoing legal actions to address violations. AHMED HUSSAIN SON OF MAJIBULLAH KHAN AND ANR vs SLUM REHABILITATION AUTHORITY AND 5 ORS - Bombay reports unauthorized alterations and partial demolitions in cooperative housing flats.
- Unauthorized Flats and Illegal Constructions - Multiple cases involve unauthorized additions or constructions beyond approved plans. For example, AKHIL BHARTIYA MANGELA SAMAJ PARISHAD VS MAHARASHTRA POLLUTION CONTROL BOARD THROUGH ITS MEMBER SECRETARY - National Green Tribunal, AKHIL BHARTIYA MANGELA SAMAJ PARISHAD VS MAHARASHTRA POLLUTION CONTROL BOARD THROUGH ITS MEMBER SECRETARY - National Green Tribunal, AKHIL BHARTIYA MANGELA SAMAJ PARISHAD VS MAHARASHTRA POLLUTION CONTROL BOARD THROUGH ITS MEMBER SECRETARY - National Green Tribunal, and AKHIL BHARTIYA MANGELA SAMAJ PARISHAD VS MAHARASHTRA POLLUTION CONTROL BOARD THROUGH ITS MEMBER SECRETARY - National Green Tribunal describe a project where the number of flats increased from 552 to 807, with additional buildings proposed, allegedly due to smaller flats. Courts have held that construction cannot exceed permitted limits, emphasizing the importance of adhering to sanctioned plans and legal procedures.
- Legal and Administrative Actions - Authorities have taken steps such as inspections, demolitions, and legal proceedings against unauthorized occupants or builders. For instance, Hira Prasad Pandey VS High Court Of Judicature At Patna - Jharkhand mentions the Bihar Housing Board's procedures, while AHMED HUSSAIN SON OF MAJIBULLAH KHAN AND ANR vs SLUM REHABILITATION AUTHORITY AND 5 ORS - Bombay discusses site inspections and violations. Courts have also intervened to restrict further unauthorized construction, emphasizing compliance with approved plans.
- Main Insights - Unauthorized occupation and construction are significant issues addressed through legal channels, with authorities and courts emphasizing adherence to sanctioned plans, proper allotment procedures, and penalties for violations. Unauthorized flats often involve additional construction or alterations beyond approved plans, leading to legal actions and sometimes partial demolitions.
- References:
- Hira Prasad Pandey VS High Court Of Judicature At Patna - Jharkhand (Service Law, Punishment for unauthorized occupation)
- SURENDER SAINI VS D. D. A. - Delhi (DDA and MCD inspections in unauthorized areas)
- EMPIRE CONSTRUCTION AND HOTEL CORPORATION LIMITED VS AHMEDABAD MUNICIPAL CORPORATION - Gujarat (Unauthorized construction and legal proceedings)
- N. Suryanarayana VS Municipal Corporation of Hyderabad, rep. by its Commissioner, Hyderabad - Andhra Pradesh (Unauthorized multi-storied construction exceeding sanctioned plans)
- AHMED HUSSAIN SON OF MAJIBULLAH KHAN AND ANR vs SLUM REHABILITATION AUTHORITY AND 5 ORS - Bombay (Survey and demolition of unauthorized alterations in cooperative flats)
- AKHIL BHARTIYA MANGELA SAMAJ PARISHAD VS MAHARASHTRA POLLUTION CONTROL BOARD THROUGH ITS MEMBER SECRETARY - National Green Tribunal, 06654, 03284, 03296 (Construction beyond permitted flats, court rulings)
Search Results for "Unathoriased Flats"
2003 0 Supreme(Jhk) 565 • India - Jharkhand
SUDHANSU JYOTI MUKHOPADHAYA
Service Law - Punishment - for unathorised occupation of Service quarter petitions a judicial offices inflicted with punishment by ... A) superseded the earlier procedure of allotment and retained its power to allot the flats, including the flats in question. After such letter dated 19th December, 1978 (Ext. A), the SDO. ... It is not in dispute that the flats (tenements) including the flats, in question belonged to the Bihar State Housing Board, Patna. The Bihar State Housing Board, Patna by its letter....
2004 0 Supreme(Del) 422 • India - Delhi
VIKRAMAJIT SEN
which have led to the filing of these petitions is the Order passed by my Learned Brother Sanjay Kishan Kaul, J. on 16. 10. 2003 whereby the DDA and the MCD had been directed to inspect the area in question, i. e. , Paschim Vihar, New Delhi, and take action in accordance with law both in respect of unathorised ... Petitioners have argued that since it is primarily the user of the premises which is objected to by the Authorities/dda, no grounds are made out for cancellation of the allotments; such an action would not be justified or warranted since full consideration of the ....
1995 0 Supreme(Guj) 270 • India - Gujarat
R.K.ABICHANDANI
In the case of the petitioner, the Corporation had within a few months of its plans being sanctioned initiated action in November 1991 for removing the unathorised construction which was put up in the cellar. ... It will be noticed from the said decision that the proceedings against those persons who had purchased flats in the same building were dropped because the apparent consideration was upto Rs. 10 lakhs. The apparent consideration in the case of the petitioner was Rs. 11,45,874. 00. ... hearing the parties the Supreme Court having regard to the facts....
1996 0 Supreme(AP) 432 • India - Andhra Pradesh
B.SUDERSHAN REDDY
The unathorised construction raised by the petitioners, by way of 6th floor, has an area sf 3000 sq. feet, which is similar and identical to the ground and other floors. ... The sanction was accorded by the 1st respondent corporation for construction of stilt plus 5 upper floors for residential flats and, according to the petitioners, they have constructed the multi-storied complex strictly in accordance with the sanctioned plan and the construction is stated to be nearing
2025 Supreme(Online)(Bom) 5922 • India - High Court of Bombay
HON'BLE SHRI JUSTICE G. S. KULKARNIHON'BLE JUSTICE SHRI ARIF S. DOCTOR
Report in respect of the Flats located in Motilal Nehru Nagar Co-op. ... Housing Society Total Flat Holders 1 Total number of Flats surveyed 1487 2 Number of PAP Flats allotted to MMRDA as per the Survey 630 3 Number of Flats available for Hutment Dwellers under ... A copy of Photographs of the partial demolition in respect of unathorised alteration in R-11 Building is hereto annexed and marked as Exhibit N. A site inspection reports and violations is hereto annexed and marked as Exhibit O. ... t....
• India - Supreme Court
KAILASAM,P.S.
Flats were empty. In one block, where the flats were let on 99 years leases at $ 2,500/- a year, the landlord agreed to reduce it by half and to accept $ 1,250/- a year. ... Denning, J. held that the landlord could not recover the full amount for the time when the flats were empty. ... Further we have to bear in mind that the Indian Constitution as a matter of high policy in public interest, has enacted Article 299 so as to save the Government liability arising out of unathorised acts
2021 Supreme(Online)(NGT) 678 • India - National Green Tribunal PUNE (WESTERN ZONE BENCH)
Instead of 12 buildings, he has constructed 18; from 552 flats the number of flats has gone upto 807 and now two more buildings having 454 flats are proposed. The project proponent contends that he has made smaller flats and, therefore, the number of flats has increased. ... However, Court added in para 54 by observing that PP cannot be permitted to build any more flats than what was permitted but only to complete construction of 807 flats and 117 shops/offices and cu....
2021 Supreme(Online)(NGT) 979 • India - National Green Tribunal PUNE (WESTERN ZONE BENCH)
Instead of 12 buildings, he has constructed 18; from 552 flats the number of flats has gone upto 807 and now two more buildings having 454 flats are proposed. The project proponent contends that he has made smaller flats and, therefore, the number of flats has increased. ... However, Court added in para 54 by observing that PP cannot be permitted to build any more flats than what was permitted but only to complete construction of 807 flats and 117 shops/offices and cu....
2021 Supreme(Online)(NGT) 982 • India - National Green Tribunal PUNE (WESTERN ZONE BENCH)
Instead of 12 buildings, he has constructed 18; from 552 flats the number of flats has gone upto 807 and now two more buildings having 454 flats are proposed. The project proponent contends that he has made smaller flats and, therefore, the number of flats has increased. ... However, Court added in para 54 by observing that PP cannot be permitted to build any more flats than what was permitted but only to complete construction of 807 flats and 117 shops/offices and cu....
2021 Supreme(Online)(NGT) 978 • India - National Green Tribunal PUNE (WESTERN ZONE BENCH)
Instead of 12 buildings, he has constructed 18; from 552 flats the number of flats has gone upto 807 and now two more buildings having 454 flats are proposed. The project proponent contends that he has made smaller flats and, therefore, the number of flats has increased. ... However, Court added in para 54 by observing that PP cannot be permitted to build any more flats than what was permitted but only to complete construction of 807 flats and 117 shops/offices and cu....
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