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Showing contexts for: common plot in Neal Tushar Vora vs State Of Gujarat on 5 January, 2022Matching Fragments
6.12. The necessary margins as required under the Rule 6 and 8 of CGDCR - 2017 are not left by the Developers at construction site/plot. As per the approved lay out plan, 11.23 meters (6.73 + 4.50 meter) margin is required to be left between common wall of society and parking ramp. However, C/SCA/9804/2021 CAV ORDER DATED: 05/01/2022 no margin is left as per approved plan. In the approved Layout Plans, Electricity Power Substation has not been proposed deliberately and undisputedly, same has not been approved. Even in the FSI area calculation, the possibilities of accommodating the said substation are not feasible as in the approved plan the common area plot is shown for parking. The Developer and Torrent constructed the said substation without originally proposed or approval from the authorities. Under the circumstances, necessary action is required to be taken against the developer.
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25. Reading thereof indicates that it is permissible to use margin land for electrical infrastructure for constructing electric sub-station etc. according to the norms of the competent electricity company. The distance between the sub-station and the compound wall of the respondent No.6 is 4.5 meters and therefore the distance is sufficient. Moreover, once the same is within the purview of the CGDCR, the National Building Code which is non-statutory cannot be pressed into service. Reading of the communication dated 11.12.2018 (Page No.127) would also indicate that the revised plan submitted by the developer shows a `public domain' space of C/SCA/9804/2021 CAV ORDER DATED: 05/01/2022 4.5 meters. Clause 12 records that as per clause 6.17.5.5 of the GDCR deals with the common plot. 6.17.5.5 provides that no construction shall be permissible in the common plot except electrical sub-station, transformer room etc. subject to the requirements that there is maximum ground coverage of 15% of the respective common plot. Maximum height of the construction will be 7.5 meters from the level of the Building Unit. This shall not be considered to be towards computation of the FSI of the Building Unit.