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Showing contexts for: common plot in Bankimchandra Bhikhubhai Desai vs State Of Gujarat & 2 on 1 February, 2016Matching Fragments
3.2 As in all cases, the conditions on which N.A. Permission dated 23rd March, 2007 granted in this case, included the stipulation that the petitioner was required to commence the construction within six months and complete the same within one year. The petitioner failed in complying with the said conditions. It was further recorded in the order of HC-NIC Page 2 of 5 Created On Thu Feb 04 01:43:59 IST 2016 the authority that in addition to the non-adherence of condition as to the time limit as aforesaid, other breaches in the nature of illegalities in the constructions were also noticed, the place and size of common plot was found to have been changed in a manner and in the way impermissible in law; the area which was not required to be kept as common plot is treated as common plot and vice-a-versa. It is further recorded that no revised permission was obtained by the petitioner with regard to the said changes and deviations. Various conditions including the above were explicit and binding, when one looks at the order granting N.A. Permission.
5.1 The factum of breach of conditions could not be denied. Nor the petitioner could get out of the aspects that there were other illegalities in the nature of keeping common plot area, etc., as recorded above. The non-compliance of conditions and other breaches having been established, no ground sustains against imposition of penalty.