MOHIM BORA Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) THE material facts, which are not in dispute, may be set out thus :

(2.) WE have heard Mr. S. S. Dey, learned counsel for the petitioner, who has appeared as amicus curaie. We have also heard Mr. B. J. Talukdar, learned Govt. Advocate, for the respondent Nos. 1, 2 and 4, Mr. N. Dutta, learned Senior counsel, for the respondent Nos. 3 and 5, Mr. S. C. Khaund, learned counsel for the respondent No. 6, and Mr. S. K. Barkataki, learned Counsel, for the respondent No. 8.

(3.) HAVING heard the learned counsel for the parties concerned and also upon perusal of the materials on record as well as the provisions contained in the Zoning Regulations, we notice that Section 9 of the Zoning Regulations, which embodies provisions for penalty, contains, with regard the regularization or composition of deviation and/or violations of the Zoning Regulations, two distinctly different parts. Section 9. 2. 1 of the Zoning Regulations makes it clear that some of the items of deviations and/or violations are non-compoundable. These items are use of building, addition of extra floor, parking norms, and projection/encroachment of public land. Section 9. 2. 1 of the Zoning Regulations makes, at the same time, specific provisions for compoundable items, which are as under : Compoundable item :