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Mou No Basis For Retaining Illegal Construction: Bombay HC

Courtesy/By: Shweta Pandey | 30 May 2019

An authorised and illegal construction has never allowed on a daily basis between two parties based on mou (memorandum of association). This is the upheld on yesterday (28^th may) Bombay HC. there were two petition were filed in PUNE court regarding to construction of 120feet long compound wall constructed in 1997 between two housing societies in BHAVANI PETH without permission .The justice MONAK gave ordered on dated august 4^th 2014, and filed February 12, 2015and envisaged that its illegal construction. After rejection of the interim relief, the Kumar Galaxy society moved the high court, arguing that construction of the wall did not breach any FSI and it could be regularised. There was a need to demolish the wall. Such construction cannot be regularised when the issue of fire safety is involved. Justice sonak held, “no case is made out against the findings of PUNE court regarding to compound wall was put up without permission from the authorities. The construction, therefore, is unauthorised and illegal. Such construction can never be permitted to be regularised based on some internal Mou.” the bench said there is no merit to FSI argument and hence, regularisation is not possible.

Courtesy/By: Shweta Pandey | 30 May 2019