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2.99. Margin Means the space adjacent to boundary of Building-unit, buildings or common plot that should be kept fully open-to- sky. No built-up area shall be permitted in marginal space except specifically permitted under these Regulations.

2.117. Open Space HC-NIC Page 7 of 25 Created On Tue Jun 06 01:24:10 IST 2017 Means an area forming an integral part of the plot, left permanently open sky.

3. Permissible Height and the various floors
4. Permissible pen Spaces enforced under these Regulations ‐ Common Plot, Marginal Open
5. Spaces, Setbacks and other open spaces.
6. Permissible Uses of Land and Buildings
7. Arrangements of stairs, lifts, corridors and parking
8. Minimum requirement of sanitary facility
9. Minimum Common Facility
10. Required light and ventilation
11. Minimum requirement of Fire Prevention and Safety, and Clearance from Chief Fire Officer as applicable.
1. Change in Ownership
2. Increase in utilised FSI
3. Reduction in Parking area
4. Change in Orientation of the Building HC-NIC Page 9 of 25 Created On Tue Jun 06 01:24:10 IST 2017
5. Change in size or location of the Common Plot
6. Change in use of Building or part thereof For any of the above mentioned changes in a building during the course of construction, the owner should apply for a Revised Development Permission for the Building‐unit or part of Building‐unit as the case may be. The modified Development Requirements may be examined by the Competent Authority for ensuring compliance of the building to these Development Regulations. No deviations in contravention of the provisions of the act, and/or these regulations shall be permitted.

Such provision in Clause No.(4) does not appear to be meant for providing any open space between the building proposed to be constructed and the building of the adjoining owner. The provision made appears to be to ensure that the same owner may not reduce the open space provided by him in his adjoining building. The provision for open to sky space made in this Regulation 10 is not for leaving any space adjacent to the adjoining building nor can it be compared with requirement of leaving margin space within the plot. When there is no provision made for keeping the margin space within the plot in Regulation No.10, such provision cannot be read into Regulation No.10, especially when the provision for margin made in Regulation 13 does not appear to be generally applied to development in all zones except when its applicability is so specifically provided in the Regulations of other zones. The Court finds that wherever any provision of other Planning Regulations is intended to be applied to any zone, it is specifically provided in the regulation of such zone. For example, under Regulation No.10, in Regulation No.10.4 for relaxation in built up and FSI, it is stated that it is as per the planning Regulation No.9.4.5. Likewise, for common plot, it is stated in Regulation No.10.8 that common plot shall be provided based on Planning Regulation No.13.9 as applicable. In Regulation No.13 applicable to other zones, like residential zone, commercial zone, logistic zone etc., Regulation 13.6 provides for margin. Such Regulation No.13.6 is not made applicable to the development undertaken in Core Walled City area. But, in Gamtal extension zone, to which Regulation No.12 applies, Regulation 13.6 is made applicable. Likewise, for development under Regulation No.14, the provision for margin as per Regulation No.13.6 is made applicable, for development under Regulation No.15, such provision is made applicable, then for development under Regulation No.16, the very same provision is made applicable. For other development, like HC-NIC Page 19 of 25 Created On Tue Jun 06 01:24:10 IST 2017 special building where Regulation No.18 applies and for fueling stations where Regulation No.19 applies, special provision for margin is made, instead of applying Regulation 13.6. Thus, it clearly appears that for the development in the area of Core Walled City, there is no requirement for keeping the margin space within the plot and therefore, if the development permission is granted and the plan is sanctioned for the development on land in question without the provision for margin space, it cannot be said that the development permission and the plan sanctioned is in violation of the GDCR.