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"It is a proposal for a Hotel Building at Kodaikanal Township. The petitioner now seeks necessary exemption of rules for use of basement area, below the permitted building.
On the perusal of the plan, the site have the contour and configuration of the terrain is such that rear portion of the site is 50 - ()" below the access road level. It is proposed to use these basement area for optimum use without increasing the height of the building above road level.
The site is reported to be lying in the permissible zone of Master Plan, where the hotel use is permitted.
(i) Roof of the lop should be slope root to be in conformity with vicinity landscape,
(ii) Necessary arrangements he made of the site for disposal of sewerage and sullage.
(iii) Height of building should be restricted to 10 metres from the access road level.
(iv) The car parking open should not be reduced in future."

To conclude that the order of the Minister was patently bad, the High Court dealt with the same at length keeping in view the attending facts and circumstances as appearing on the records and the relevant provisions of the Act and the Rules, referred to earlier. The reasons which weighed with the High Court in drawing the above conclusion as can be culled from its judgment are as follows :

(iii) The observation of the Minister that in view of the very high cost of the land, the use of its site to its optimum level needs also to be considered and accepted was uncalled for as the cost of site was a wholly irrelevant consideration under Chapter XA of the Act :
(iv) The observation of the Minister that the contour and configuration of the terrain are such that the rear portion and the site is 50 feet below She access road level and that the Hotel proposed to use that basement area for optimum use without increasing the height of the building above road level clearly proved total non application of mind to the records made available to him. If he bad seen the plans his would have found that the proposed building will be within a length of 40 metres and the building has nothing to do with the rear portion of the site which is beyond that and which is intended to be left as open space even according to the revised plan;