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Showing contexts for: sub division of plot in Balasaheb Arjun Torbole vs The Administrator & Divnl.Commr.. on 1 April, 2015Matching Fragments
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3.14 Amalgamation/Sub-division of Plots and Balancing of FSI thereon.--Any land declared as slum rehabilitation area or on which slum rehabilitation project has been sanctioned, if it is spread on part or parts of C.S. Nos. or CTS Nos. or S.Nos. shall be treated as natural amalgamation/sub-division/s of that C.S. or C.T.S. or S.No. or F.P. No. for which no separate approval for amalgamation/sub-division of land would be necessary.
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3.16 The Chief Executive Officer, Slum Rehabilitation Authority may if required adjust the boundary of the plot declared as slum rehabilitation area so as to suit the building design and provide proper access to the Project.
22. The only other substantial issue raised by Mr. Parikh that there could have been no clubbing of private lands with municipal lands for purpose of counting consent of 70% of the slum dwellers is also found to be without any merits. Mr. Divan rightly relied upon DCR of 1991 and particularly clause 1.15 of Appendix IV which clearly shows that 70% or more of the eligible hutment dwellers in a slum or pavement in a viable stretch at one place can agree to join a rehabilitation scheme. There is no merit in the submission on behalf of the appellants that the clause "in a viable stretch at one place" should be read only in conjunction with the word ‘pavement’ and not the word ‘slum’ although the use of the word ‘or’ between slum and pavement clearly shows both have to be treated at same footing and therefore both are qualified by the clause "in a viable stretch at one place". Clause 3.14 providing for amalgamation/sub-division of plots of Appendix IV of the DCR 1991 also goes a long way to support the submission that the statutory provisions clearly permit natural amalgamation/sub-division of plots for the sanction of slum rehabilitation project as well as for planning of Floor Space Index (FSI) thereto. Clause 7.7 and 7.8 in the same Appendix D lend further support to the aforesaid arguments of Mr. Divan.