from disturbing exclusive
possession and use of building no.1 open space of the plaintiffs, from
encroaching upon any portion of building no.1 land ... general and on
the site open space of the plaintiffs and for various other reliefs. The
plaintiffs have filed a suit inter-alia praying
sanction the plan
for building activities with condition that the open spaces for parks
and schools be transferred to the Corporation free of cost. Careful ... Apex Court and it was left open to the Corporation to get the
said open spaces transferred after paying the market price as
prevailing
said D.C.
Regulations for Greater Mumbai 1991 for the open space deficiency. The
petitioners in the said Writ Petition had also challenged the demand ... petitioners therein were
required to pay 100% premium for the open space deficiency. This Court
allowed the said Writ Petition filed by the said Wadhwa
least one
stilt/parking space. The petitioner society thus could not have allotted
second or third stilt parking space or open parking to the said ... parking space. Even if all 20 members of the
petitioner society are allotted one car parking space, whether stilt or open
car parking
commercial construction activities are allowed,
it would reduce the open space and recreational area which would be in violation
of Regulation 23 of the Development ... already proposed to maintain green area, ingress and egress and also open space.
30. Mr.Bharucha, learned senior counsel for the plaintiff on the other
created further encroachment on the public road
and also on the open space and has expanded the unauthorized
construction. In support of this submission, learned ... carrying on any
business in the pacca structure in the said open space.
9. My attention is also invited to various notices issued
business and other purposes and to erect any structures on the open space subject
to sanction, rules, regulations and bye-laws of the authorities including ... tenants of the appellants however constructed additional structure
in the open space. It is submitted that the appellants were not the owners of such
additional
Mumbai, for any property which has appurtenant to it a garden/open
space, terrace, a premium of 25% is to be added to the gross ... stated market value to take into account the abutting garden/open
space/terrace. The average monthly rent would, therefore, be
increased
created further encroachment on the public road
and also on the open space and has expanded the unauthorized
construction. In support of this submission, learned ... carrying on any
business in the pacca structure in the said open space.
9. My attention is also invited to various notices issued
business and other purposes and to erect any structures on the open space subject
to sanction, rules, regulations and bye-laws of the authorities including ... tenants of the appellants however constructed additional structure
in the open space. It is submitted that the appellants were not the owners of such
additional
