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12. In the case of EMPIRE CONSTRUCTION & HOTEL V. MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD, REPORTED IN 1995 (2) GLR 1293, the Court considered the provisions contained in sections 260 and 263 of the Act. In the said decision, it is held that a citizen cannot invoke 8Article 14 of the Constitution to perpetuate a wrong because no action is taken in respect of another citizen. The Court pointed out in paras 6 and 7 as under.

"6.The respondent has its own building Bye-laws, which were referred to by both the sides. There are also Regulations controlling the development of the area under the Town Planning Scheme, to which reference was made. The conditions on which cellars may be permitted in a building unit are contained in paragraph III(11) titled "Cellar" in the building Bye-laws which provides for height, number of stairs, ventilation etc. and prohibits any water connection or drainage connection, domestic uses such as bed room, living room, kitchen etc., and storage of inflammable materials therein. As regards parking, it is provided in paragraph III (6) of the said Act that off street parking space for vehicles shall be provided on every new building constructed for the uses mentioned in the table as prescribed. Accordingly, parking space is to be provided for in respect of cars, scooters and cycles. For residential hotels, minimum off street parking is prescribed at item No.4 of the table. There is a provision in the Regulations controlling development of the area ( published in Manual I, Part II, Chapter III) in Regulation 22 providing that a basement or cellar shall not be counted towards the computation of floor space index. These Regulations also contain conditions on which cellar may be permitted in a building unit and they are the same as the conditions contained in paragraph III (11) of the building By-laws. the Standing Committee is given very limited powers of granting exemption from the operation of the Bye-laws as provided in Chapter VII of the Bye-laws and this does not include exemption from the provisions regarding parking and cellars as is sought to be claimed by the petitioner. As regards parking, as provided in Chapter III (6) the Municipal Commissioner can grant exemption if the conditions laid down in Clause (iv) of paragraph III (6) are fulfilled and this does not include the type of buildings for which the petitioner has been proceeded against.