[Civil Appeal No. 4088 of 2008]. All that the High Court has done in the impugned Judgment is to remove the observations made by the learned Single Judge that the Commissioner or the Municipal Corporation does not have the power to compound any illegal construction. The Division Bench of the High Court has further clarified that in the joint inspection, if any illegal construction is noticed, the Commissioner should first consider whether the unauthorised construction can be compounded before ordering for demolition of the said construction. The learned counsel appearing for the Corporation submits that even going by the direction of the Division Bench of the High Court, the compounding cannot be permitted under law beyond a certain percentage of the alleged unauthorised contruction.
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