Demolish part of building with non-compoundable violations: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, July 29

The Punjab and Haryana High Court has made it clear that only the part of the building that was impermissible or where violations could not be compounded would be demolished. Otherwise, the local bodies, municipal councils, committees and corporations were required to adopt a pragmatic approach in building violation cases and earnest efforts were required to be made to compound the violations when permissible.

Justice Anil Kshetarpal also made it clear that an exception was violations on public land or encroachments. The matter was brought to the High Court’s notice after Inderjit Jain filed a petition against the state of Punjab and

other respondents. Justice Kshetarpal observed the Patti Municipal Council resolved to demolish a building constructed by the petitioner allegedly in violation of the building plan.

Responding to the contentions, the municipal council said the petitioner had taken certain steps to bring the building in conformity with the building plan. The council was prepared to reconsider the matter if the petitioner submitted a revised building plan. Referring to the High Court decision in the case of ‘Devender Kumar versus the state of Haryana and other respondents’, Justice Kshetarpal added: “If the building violations are not on a public land or in other words there is no encroachment, sincere efforts must be made to compound the violations, if permissible.” Disposing of the petition, Justice Kshetarpal permitted the petitioner to submit a revised building plan after raising the structure in conformity with the building by-laws.

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