Indian Kanoon - Search engine for Indian Law

a. There is a standardized design for the housing unit with almost all the houses having a standard ground floor (built up) area.

b. The developer has to meet the regulations for common plot­ generally 10% of the land area with restrictions on dimensions (Minimum size of the common plot shall be 250 sq.mts. with no side less than 10.50 meters.) and road width (7.5 meters). The arrangement of ownership tenement in a plot, shall be as may be approved by the Authority with due regard to internal approach roads, marginal open spaces common plot, water supply, drainage, and internal road lighting.

c. Where the land is evenly shaped, the area of common plot can be restricted to the legal requirement, however in case of land with uneven shapes, higher area may be required for the common plots and road as it will not be possible to fit the maximum number of standardized houses in the given land.

d. The developer also has to keep the requirement of margins for individual houses from the plot edge. In case of public roads (those which are not a part of the project roads) there as requirements for distance of construction line from the center of the road. For example, where the developer incorporates a naliya road (called a village road basically meant for drainage of rain water) into a road as a part of the housing scheme, the requirement in the GDCR is that no construction can be made up to a distance of six meters from the center of the naliya road. Similarly, where an overhead high tension electricity line passes, no construction is permitted up to a distance of 17.5 meters from the center of such line.

5. It will not be out of place to state here that a portion of the common plot of the society shown as common plot no.3 in the brochure has been proposed to be taken over for reservation for residential purpose by the Municipal Corporation. This will result in reduction of the area of the entire project.

6. Similarly, the main common plot and the club house to the south of the project has been earmarked as public garden. The effect of items 5 and 6 would be that the total area available for the project would reduce substantially and also the individual plots mentioned would be curtailed in size.

7.2 It is further submitted before me that there is a major public road to the west of the project which necessitated higher margins and, therefore, the common plot and the common facilities (club house, swimming pool etc.) had to be kept on that side. It is also submitted that almost all the building in the project are quadruplicates units i.e. they are conjoined back to back as well as side to side. The only exception are plot Nos.1, 10 & 11 where because of the common plot odd shape has come across leaving space constructing only 3 units there. The row 42 to 51 and 93 to 100 are twin units i.e. conjoined side to side. This is because of the space constraints. Similarly, plot Nos.52 to 62 are twin units conjoined from side to side because of the space limitation.