Government Advocate the provisions of Regulation 22.5 may also
come in the way of the Petitioners' structure. The Petitioners, are not
at all clear as to whether this is a case of demolition of old structure
and reconstruction of an entirely new structure in its place or whether
this is a case of extension to the existing structure. In either situation,
if the plan annexed to the petition at page 120 of the paper book is
perused, it is apparent that entirely a new structure has been
unauthorizedly put up by the Petitioners without bothering to seek
any permissions from the statutory authorities or without bothering to
verify whether such structure fulfill the Building Regulations or
Planning Regulations. The regularization or relaxation, in such
circumstances can never be demanded as a matter of right. In fact, if
we examine the application dated 16th October, 2016 ( Exhibit P-20
Colly at page 118 of the paper book ) there it apparent, that the
Petitioner in the year 2016 applied to the Sarpanch/Secretary that he
intends to carry out addition/alteration in plot bearing survey
No.239/4. On a query as to whether by this date the structure in
question had already been put up, Mr. Vengurlekar for the Petitioners
admits that by this date the structure was already in place.
