Document Fragment View

Matching Fragments

In this table, providing for parking space, 'residential' is separately put under item No.(1), whereas 'community buildings', such as community hall/ marriage hall/ community wadi/ recreational club/and religions building, party plot, club house etc. are placed under item No.(5).
6.1. From the aforesaid table, it is clear that the 'residential buildings' and 'community buildings' are treated separately and this Court is able to see the logic behind the same. The 'residential building' will not be attracting crowd, but at the same time, 'community buildings', may be for any purposes, like community hall, marriage hall, recreational club or religious building, attract crowd and therefore, parking space is provided to be 15% of maximum permissible F.S.I. in 'residential buildings, whereas in the matter of 'community buildings' it is 50% of Building unit. It is at this juncture that two uses of a building make a difference.
8. Further, as per Table 8.3.1 which is titled as 'Building Heights with respect to Road Width'. Therefore, if the abutting road is less than 9 mtrs., maximum height upto 10 mtrs. would be permissible under the prevailing CDGCR. Now, in the facts of the case, above-referred application dated 7.3.2019 is for proposed alteration and addition upto height of 15.70 mtrs. and, therefore, as per above-referred Table 8.3.1, it was not permissible as per prevailing CDOGCR. Further, as per Table 8.12.1 which is styled as 'Parking Requirement', the proposed religious building in question would fall within the criteria to have 40% of parking as the building unit was of more than 800 sq.mtrs. The said criteria was also not fulfilled in view of above- referred application dated 7.3.2019. Copies of Table no. 8.3.1 and 8.12.1 are annexed hereto and marked as Annexure-R-VI colly to the reply. Thus, considering the prevailing CDGCR, the above-referred application dated 7.3.2019 was rejected by the answering corporation on 11.4.2019. Copy of communication/order dated 11.4.2019 (out-warded on 12.4.2019) is annexed hereto and marked as Annexure R-VII to the reply.