laws and rules regarding FAR and parking as
well as open areas, external development and internal development.
(v) Under Rule 4 of Rules ... residential colony of
plots, the land reserved for roads, open spaces, schools/public and
community buildings and other common use area cannot be less than
provide for development of the business of the co-operative, provide for common services, and distribute amongst the members the profits made.``
Bearing these principles ... open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats are already acquired, to provide its members common
immediate; and since it is impossible to let out an open plot for residence or education immediately a building lease can never fall under Section ... case it is held that the lessee who takes an open plot under a building lease cannot let his building to intending tenants, adequate steps
towards the
area to be used for roads, drains, and common facilities like park,
open space, etc. Thereafter, further deduction will have to be made ... lines."
9. Observing that the development charges for development of
particular plot of land could range from 20% to 75%, in Lal Chand
Surajmull Nagarmull And Ors. vs The Commissioner Of Income Tax on 28 April, 1961
Equivalent
preparing a lay out, carving out
roads, leaving open space, plotting out smaller
plots, waiting for purchasers (meanwhile the
invested money will be blocked ... required to be set apart for
carving out lands and plotting out small plots.
The discounting will to some extent also depend
on whether
Tribunal is common and the appeals arise out of the acquisition under Chap. XX-A of three open plots of land sold or purported
purpose of illegally and unauthorisedly encroaching upon public land and/or "common portions" for exclusive use then this cannot be permitted. Secondly, however ... thereof defines "Common Portions" as those portions of the plot or premises which are in common use and includes the land, gateway, enclosure
which was started in this year pursuant to the purchase of plot in open auction conducted by the State Government. It was reiterated ... placed before me. It is manifest that the assessee purchased a plot in open auction and invested some amount in business of commission agency
included in the proposed partition and
(c) that gitwars, which were open spaces enclosed by thorny shrubs or bushes and used for tethering cattle ... relevant, that by common consent the disputed land was earmarked by the body of proprietors as a common plot to be used by the community
