Construction Problem Question - Free Essay Example

Sample details Pages: 5 Words: 1570 Downloads: 2 Date added: 2017/06/26 Category Building Essay Type Research paper Did you like this example? Introduction The land of Campa Cola compound buildings owned BMC and it gave to leased to company Pure Drinks ltd, company sold their development rights to the land to three builders to construct homes. But builders, during the period of construction which is 1984, constructed around 35 more floors, which was more than BMC approved for residential purpose. During construction, authorities issued notices for fine and à ¢Ã¢â€š ¬Ã‹Å"to stop construction workà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "Construction Problem Question" essay for you Create order Builders paid their fine and resumed work they were under the impression that violation will be regularised. But they did not get Occupation Certificate from BMC. Despite, builders were illegally sold constructed flats. The residents of the buildings claimed when they were buying the flats they thought they will get the occupation certificated in due course. But Supreme Court rejected their claims and held the time of purchasing residents knew the construction was illegally[1]. Issues Whether flat owner should be punished for builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s act? Whether Judiciary has a power to grant mercy for demolition? Whether illegal construction should have been regularizing? Judicial Interpretation In this paper researcher giving our own opinion with the help of judgment given by Chief Justice Truepenny in the case of The Speluncean Explorers[2]. In campa cola case court held that illegality of construction cannot be propagated, i.e. illegal construction must go. For example, when judicial system understands the concept of à ¢Ã¢â€š ¬Ã…“illegitimate childà ¢Ã¢â€š ¬Ã‚ , before that there was no term for those circumstances but after when they recognized the right term. The logic behind that is if two unmarried people voluntarily had sexual relationship and if a child born in that is called as à ¢Ã¢â€š ¬Ã…“illegitimate childà ¢Ã¢â€š ¬Ã‚ , reason that his parents doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have legitimate relationship with each other. But the point is innocent child should be punish for his parentà ¢Ã¢â€š ¬Ã¢â€ž ¢s act, but he had to suffer all through his life even where there was no involvement of child. The main lawbreakers are his parent s not him, why should he punished in the place of his parents act, i.e. judicial system recognized à ¢Ã¢â€š ¬Ã…“illegitimate childà ¢Ã¢â€š ¬Ã‚  so that he can use his rights as same as legitimate child. If same logic we apply in campa cola case à ¢Ã¢â€š ¬Ã…“victims (owner of flats)à ¢Ã¢â€š ¬Ã‚  are going to suffer, where there was not fully involvement of them, at the time of committing the offence. Builders are the main law breaker in this case yet people who are living there for more than 25 years have to suffer all the consequences. In big cities it is very common that builders constructs illegal building or flats and after selling those they went off and people who bought it has to suffer all penalties. According to Chief Justice Truepenny in explorer case[3], he said legal rules are definite or clear cut in statues, and only court can give you definition of the legal defence for that specific rule. Cases which supports the judgment of Campa Cola case In Frien ds colony vs. State of Orissa case[4], court observed, builders have failed to perform their duty to follow original sanction planned, unwary purchaser in search of roof of their head, bought flats from builders, subsequently when they got to know about illegality of construction, they face the consequences. The builder filled their pocket and walk away but the honest people have to face all penalties for builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s wrongful act. In these matter local authorities also failed to perform their duty, they have engineers and police inspectors to discontinue the illegal construction, but they also failed to perform duty. They should have inspected the area of campa cola where authority clearly gave order to stop construction. The municipal rules are made for welfare of the people to provide all basic needs from government, like water, electricity etc. it is governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to think about for innocent and unwary buyers who are the victim of illegal act[5 ]. In case of Royal Paradise Hotel case[6], court said, if construction work had been made illegally even after notice has been issued, no authorities can regularize the construction. In further case of Dipak Kumar vs. Kolkata municipal corp., where court observed that illegal and unauthorised construction not only violates the municipal laws but also constitutional and fundamental rights of other persons. State must take an action against builders instead of innocent people; also state should take penalties or compensation for innocent people. Important facts of case In 1983, builder secured the permission from the chief minister of state raise the height of 60 feet. Revised plans submitted for construct more floors on every building are rejected by planned authority in 1984. Notwithstanding, builders resumed work, therefore Executive Engineer issued a notice regarding of à ¢Ã¢â€š ¬Ã‹Å"stop constructionà ¢Ã¢â€š ¬Ã¢â€ž ¢ under section 354A 1888 act, which says that if the needful is not done, construction will be forcibly removed[7]. Therefore, after issued notice builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s submitted a new construction plan in 1985, but authority refused to give permission on the basis of the construction is violating the sanctioned plan, thereupon again à ¢Ã¢â€š ¬Ã‹Å"stop workà ¢Ã¢â€š ¬Ã¢â€ž ¢ notice had been issued. In 1994 engineer, Shri Jayant Tipnis submitted another amended plans, but again Deputy Chief Engineer rejected the new plans[8]. Number of occasionà ¢Ã¢â€š ¬Ã¢â€ž ¢s builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s has been informed to stop construction, but every time they refused to follow it. During this course many purchaser were came for buying flats and agreement made between them for purchasing. Each agreement it was mentioned builders had submitted an amended plans for sanction and buyers has been inspected for every document. Although, the members of the societies were knows at the time of purchasing that new planed had not been sanctioned and permission for occupation certificate had not been issued by government authorities, subsequently housing societyà ¢Ã¢â€š ¬Ã¢â€ž ¢s member started litigation under the impression they will permitted the certificate by authority and court will regularize the building, but the High Court of Maharashtra, gave an order in favour of BMC, said that illegal construction must go, court rejected all the arguments of society and held BMC action is legally right. Researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s view In researcher view residents also have voluntarily participated in this wrongful act, as we discussed above builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s amended proposal was not sanctioned by competent authority, and original plan was raise only up to 60 feet height, which developers or builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s refused to follow and documents of building scrutinized by residents where it was mentioned the new plan of construction had been not sanctioned, even though people were buying the flats under the impression that building will be regularize by authority as had been going for years. They will receive the occupational certificate and BMC will regularize the building, but it didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t happened, therefore, BMC refused to give water supply and when members of society went to court in 2005 for water connection, court refused to give permission in favour of members, court gave an decision in favour of BMC, after 30 years demolition of building is morally wrong but legally right. Hypothetical Judgement and its effects on parties If we talk about for consequences after giving order for both sides, suppose the result will be in the favour of BMC, then BMC have to demolish the building, therefore people or residents become homeless, while they will suffer the wealth crisis where they have no place to stay, there is no roof on their heads. Their homes have been taken from authority where these homeless people stayed more than 25 years. In future every other person wi ll learn from this case and be careful at the time of purchasing flats or homes, thus in this way violation of such laws accordingly decreasing, further builders also be cautious for rules and regulation. Furthermore, on same logic suppose if court gives an order in favour of residents, then consequences will be positive and morally accurate in side of society. Residents just have to pay compensation for violating the law, their situations are quite well but in future again such type of case arrives then again judiciary have to think in a naturalistic way, which supports violation of such laws. Again, in big cities where such problems are very common, builders will construct the more illegal construction and sell to buyers. It would be reward for builders to fill their pockets. From researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s view, Judiciary doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any rules to prevent residents for being a victim in this case; further judiciary only works on the written rules in stat ue, which is violated by builders or developers, thus people allowed taking any action builder but outside the case, but in current situation court cannot provide any compensation or mercy from judiciary, rule has been broken therefore people have to suffer the consequences. Government or Chief Executive Council is only opportunity they have to use against the decision; ità ¢Ã¢â€š ¬Ã¢â€ž ¢s been more than 25 years these people are living on the same building and suddenly because of the mistake of builder, they have to suffer the consequences which is morally very wrong, Government should do something for them or punish builders instead of them. Executive Council is only can grant mercy in this case. Judiciary can also provide help to these residents to give petition to Executive Council with the sign of all judges requesting to show mercy to defendants. [1] See, Anonymous, The Mumbai Campa Cola Society case, available at, https://ibnlive.in.com/news/the-mumbai-campa-cola-society-case-all-you-want-to-know/480489-3-237.html, last accessed on 12th august, 2014. [2]Supreme Court of Newgarth, 4300. [3] Ibid. [4] (2004) 8 SCC 833. [5] Ibid. [6] (2006) 7 SCC 597. [7] Section 354A of the, Mumbai Muncipal Corporation Act, 1888. [8] Campa cola case.

Dziga Vertov Film Analysis - 1546 Words

Dziga Vertov was a Soviet film theorist and director who coined the term kino-eye to refer to the style of filming everyday life. Similar to the Constructivists, he was hoping to create novyi byt, or a new everyday life in a socialist society that would not fetishize the object. And in doing so, Vertov wanted to include the proletariat in this new wave of film that was previously dominated by the bourgeoisie and their aesthetics. The proletarians did not understand bourgeois films, they were not drawn into the story because they could not look over the fact that the actors were just that: actors. And it was even less believable for them to see actors portraying proletarians themselves, because the films had a theatrical quality that†¦show more content†¦This is what kino-eye is fighting against; Vertov wants the viewer to once again become conscious and free from the poisonous art-dramas. And so kino-eye calls for filming of facts and of the everyday lives of not the bourgeo isie, but the proletarians in both rural and urban settings, and in doing so, the viewers consciousness will once again be restored. Vertov was not alone in filming with kino-eye, he had a group of fellow directors and filmers, called kinoks, who worked with him, and, above all, their main duty was to observe and film all aspects of life. And so the kinoks must closely observe their environments to see how aspects of life are interconnected. Kino-eye places the focus on filming things that either the human eye does not see because it cannot see it or that the human eye is so used to seeing it that it is overlooked because it no longer stands out. Because films created using kino-eye display different aspects of life, kinoks will go to various cities and then bring their films back together, so a kino-eye film is not just the work of one kinok, but a collaborative effort by many. 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Separation of Mixtures free essay sample

Magnetism is only effective in insoluble substances. Examples of magnetic separation include the extraction of iron ore from surrounding silicate. Magnetic separation is also used to separate magnetic substances from waste water. Filtration is a technique that will separate a solid that has not yet dissolved in a liquid. Take a mixture of a solid and liquid and run it through a filter, the liquid will pass through the filter and you will be left with the sold. The filter has little holes in it that are small enough to only let liquid through. Filtration is not a technique to separate solids, separating solids like that is called sifting. Example of filtration includes your kidney. Kidneys use the same principals but with blood. Another example of filtration is when you make coffee. Making coffee includes the use of a coffee filter. Not that you can do different things with different filters. We will write a custom essay sample on Separation of Mixtures or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Extremely fine filters will separate grains of sand from water. Evaporation is the method of separating a substance with heat. Evaporation works when you take a substance, heat it up and let one of the components evaporate so you’re left with the residue which is the other component. In India, citizens would often boil saltwater to obtain salt. The problem with evaporation is that you can only get one component from the substance and it’s usually the one with the higher boiling point. Do not confuse evaporation with another separation method called distillation, distillation uses the same principals of evaporation, but it takes it to the next level and allows you to get multiple components. An everyday example of evaporation would include the process of clothes drying on a line; the water gets heated up and evaporates, leaving the dry cloth. Distillation, as I previously mention follows the same principals of evaporation but it allows you to extract both components. In evaporation, a substance is heated up and evaporates, leaving you with one component. In distillation, the component that is evaporated is captured and transferred in its gaseous state to another area; here it is condensed and converted into its liquid form. This procedure can be carried out with different temperatures and therefore you can extract different components. An example of distillation includes the extraction of different components of crude oil. For example kerosene, fuel oil, etc. Sifting follows the same principals of a filter, but it is used to separate solids from solids. A sifter is basically a filter but the holes are larger. The holes allow tiny solids like sand to pass and trap rock. Sifting is largely used in archeology. Sorting is self-explanatory, sorting is when you physically separate mechanical substances by hand, it is used most frequently in the modern world with solid mechanical substances, as filtering it, and distilling it and evaporating solids from each other don’t work. You could sift it but it’s inconsistent and isn’t the ideal way of separating the components. An example of sorting is at a recycling plant where non-recyclable items are extracted from recyclable ones. By: Gaurav Ranganath Feel Free To Ask and Give Me Feedback

Litter free essay sample

Have you ever thought about what happens to trash after you throw it away? Do you think It just vanishes or disappears? If you think it Just disappears then you are very wrong. Who knows, we might even be wading through piles of trash to get out of our houses In the near future. Trash Is something that you cant simply Ignore or be careless about. Everything that you throw away eventually comes right back at you.This litter problem is really concerning me, and I believe If I persuade you, you may gust agree with me and stop this problem. Littering Is a problem all across the earth and It Is only getting worse as people continue to buy and use products that dont easily decompose. Not all litter Is created equal, with some of It being unable to decompose. I feel that a greener New Zealand can start with one small step; pick up our rubbish, and start recycling. We will write a custom essay sample on Litter or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Litter Is also dangerous to the plants and animals.For example, young turtles swim into linked bottle wrapping while they are small, and hen suffocate when they grow larger because the wrapping gets too tight around their necks! Even a simple chip packet being thrown in to the sea may kill an innocent animal. Over a billion years ago, some say the earth was just a swirling space dust, others swear to their myth and legend, while the more scientific amongst us, others believe in a combination of science and religion. The earth was most peaceful, no technology, no machinery, sky scrapers, hazardous gases etc. Then man was made ND litter was invented. Do you want a healthy country for your community? I know I do! So if we work to stop this problem maybe it will soon resolve. Now that you know what It does and where it comes from, what about cleaning it up? If you make it, then you should do something about it. So you see, trash is the gift that just keeps giving. Unless you want plastic with your next serving of fish, you better think twice about tossing that plastic bag onto the ground. You are what you eat, after all. Yours sincerely,