Defendant's architect sought
condonation in view of the demonstrable hardship as under:-
a) The proposal was for redevelopment of an existing
building ... indicate that he has applied his mind to the existence of
demonstrable hardships. It must also indicate that the commissioner
has applied his mind
exercised when party is in a position to establish a clearly
demonstrable hardship and that too by ensuring that such relaxation will
not affect
That this could be done only in those cases where clearly demonstrable hardship was caused. Such hardship could not be that of the builders/developers ... cases where a clearly demonstrable hardship is caused as provided thereunder. This hardship is not only the self created hardship of the builders/developers/architects
exercised when party is in a position to establish a clearly
demonstrable hardship and that too by ensuring that such relaxation will
not affect
dimensions prescribed by the Regulations in
cases where a clearly demonstrable hardship is caused for reasons
to be recorded in writing which will not affect ... inhabitants of the
building and the neighbourhood. The only demonstrable hardship
in this case is to maintain division of the two plots
evidence on record admits, that it was a
case of 'demonstrable hardship within the
permission of Regulation 33(7) of the DCPR.
Shivgan ... Whether redevelopment proposal under
Regulation 33(7) of DCPR, admits "Demonstrable
hardship" within the meaning of Regulation 2(36) of
the DCPR
which, inter-alia, provides that in specific cases where a clearly demonstrable hardship is caused, then the Commissioner may by special written permission permit ... rules to be modified. Shri Jethmalani submits that there is clearly demonstrable hardship to the appellants as large amount was involved in constructing the floors
Rustomjee\'S Central Park ... vs The Municipal Corporation Of Greater ... on 19 December, 2019
Janhit Manch vs State Of Maharashtra . Through The ... on 25 April, 2014
Author: Gyan Sudha
development plan;
(b) In specific cases where a clearly demonstrable
hardship is caused, the Commissioner may for reasons
to be recorded in writing, by special ... Emphasis added)
34. Of particular interest is the expression 'clearly demonstrable
hardship'. Our experience in this Court is that this is a clause
