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TMI Blog1997 (1) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... (1992) 3 SCC 455 observed that the slogan of the builders and land owners of utilising the maximum area for construction of high rise buildings for fulfilling the need of houses in big urban cities should always be subservient to the building restrictions and regulations made in the larger interest of the whole inhabitants of PUNE and keeping in view the influx of population, environment hazards, sanitation provision for supply of water, electricity and other amenities. 2. But in the present case though the petitioner have not cut the branches of the trees but they obviously need a "hut" and in order to fulfil their need they raised construction on the basis of "deemed sanction'' of maps by the Municipal Council whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quot;deemed sanction" on being threatened by the defendant to demolish the construction, the suit along with interim application was filed praying that defendant be restrained from demolishing the construction. (ii) The defendant refuting the allegations and stated that maps were returned to the plaintiff on September 23, 1992 with certain objections which were not complied with by the plaintiffs. No notice bearing date May 17, 1993 was ever received by the defendant. The demand made through letter dated July 27, 1993 by the plaintiffs was an administrative demand which was being scrutinised. Therefore map should not be deemed to have been sanctioned and construction raised by the plaintiffs was unauthorised and plaintiffs were not e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-section (1) or after the receipt of further particulars demanded under Clause (b) of subsection (7) to make and deliver to the person who has given such notice an order of the nature specified in Sub-section (6) such person may by a written communication call the attention of the board to the omission or neglect and, if such omission or neglect continues for a further period of fifteen days from the date of such communication, the board shall be deemed to have sanctioned the proposed work absolutely and such work may be proceeded within the manner specified in the notice: Provided that nothing in this sub-section shall be construed to authorise any person to act in contravention of any provision of the Act or of any bye-law thereunder. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 8, 1994, issued to the plaintiffs in pursuance to the aforesaid resolution. Reliance has been placed on Latika Co-operative Housing Society Ltd. v. Commissioner, Corporation of Calcutta. 7. On the other hand, Mr. Resham Bhargava, learned counsel for the defendant, contended that shortcomings pointed out by the defendant were not rectified by the plaintiffs but at new map was submitted. Mere submission of new plan does not create right of "deemed sanction." Certified copies of application under Order 39, Rule 2-A, C.P.C. filed by the defendant in the trial Court as well as reply to the said application by the plain-tiffs have been placed before me showing that construction raised by the plaintiffs was not made in pursuance to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o submit fresh plans for construction of multistoried buildings ac-cording to the new Building Rules. The new Building Rules had been framed by an Expert Committee and after consideration of different objections from different sections. How can the respondent claim an absolute or vested right to get his plan passed by writ of a Court, merely on the ground that such plan had been submitted by him prior to 18-12-1989? By mere submission of, a plan for construction of a building which has not been passed by the competent authority, no right accrues." 10. In Latika Co-op. Housing Society's case AIR 1980 Cal 17) (supra) learned single Judge of the Calcutta High Court observed that for obtaining the benefit bf a "deemed sanction&qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of evidence produced by either party has to be taken into consideration in deciding the, existence of a prima facie case to justify issuance of a temporary injunction. The learned appellate Court has based its order on the objection of the defendant about 'subdivision of the property' whereas in view of Latika Co-op. Housing Society's case AIR 1980 Cal 17) (supra) no such sub-division was necessary. In that case the learned single Judge Hon'ble G. N. Ray (as he then was) observed.- " It is not necessary that only the owner of land is to make an application for sanction of a building plan under the said Act..... the Corporation of Calcutta is not entitled to refuse to grant permission simply on the ground that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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