BUILDING CONSTRUCTION ACT, 1952 (II OF 1952)
person making a construction without violating the scheme of land utilisation
indicated in the Master Plan. But without any sanction, his building can be
removed in exercise of section 3B of the Act.
Habibullah Chowdhury Vs. Rajdhani Unnayan Kartipakkha and another; 11 BLD (HCD)
injunction prohibiting further construction and directing demolition of
‘tructures already erected should be made or compensation should be granted
when a building is constructed in violation of Building Construction Rules and
sanctioned plan— Construction of a building in violation Building Construction
Rules and sanctioned plan are punishable under the Town improvement
Act—Similarly if violation touches the interest of the neighbors, they also actionable
at the instance of the neighbors—A person may be criminally liable :r the wrong
done under some law—He may well be liable for a civil action for the done a
private person—If the injury is not of a grave nature injunction perpetual or
mandatory with regard to the structures already erected and their upward
elevation. should not be given and compensations shall be adequate remedy.
Khan Vs. Begum Sufia Khatun and others; 6 BLD (HCD) 80.
AIR. 1952 (CaI)72; AIR. 1936 (Mad) 142; AIR. 1940 (Audh) Ill.