building in gross violation of the building
byelaws and without leaving setback area as statutorily
prescribed under the building bye-laws of the City ... light from the 'A' schedule property. There is no setback
area left and the construction is not in conformity with the
sanctioned plan
other co-owners of the flat
over the common area/garden area and setback area situated in
the ground of the suit schedule property ... apartment owners have undivided right
over the common area/garden area and setback area. On the
other hand, the defendant has taken up a contention
exclusive property of the plaintiffs as
the said passage is the setback area left at the time of
construction of the building and conveyed ... exclusive
property of these plaintiffs as the said passage is the setback
area left at the time of construction of the building and
conveyed
Whether plaintiff proves that defendants
are trying to close the setback area
between suit schedule 'A and 'B'
properties and thereby causing ... plaintiff further made allegations that
defendants are trying to close the setback area between suit
schedule 'A and 'B' properties and thereby
revealed that the defendant
No.1 has constructed building by leaving setback area of 3
feet. But the kitchen portion was touching to the boundary ... with reference
to the putting up of the structure on the setback area and
attempt to fix the windows. P.W.1 himself admitted
marked by confront and clearly
admits that, there is no setback area left by them on other
side of her building at schedule A property ... completely
is at schedule B property and his without leaving any
setback area, but it is also settled principle of law that, the
person
approved building plan and building bye laws in the
setback areas and also to direct the 3 rd defendant
BBMP to remove the unauthorized construction ... Mandatory injunction for demolishing
the unauthorized construction put up in
mandatory setback areas on Eastern,
Southern and Northern side in
particular of the Schedule property
belonging to all the
occupants of the building as being a setback area as
shown in the sanctioned plan. There is no cause of action ... belonging to all the occupants of the
building as being a setback area as shown in the
sanctioned plan. As such, the plaintiff
them from
keeping the windows in the southern side of the setback
area of the plaintiff over the suit schedule property.
.15. The brief facts ... 2006
&
4147/2006
RCC roofed ground and first house with setback area
around the building left by the plaintiffs, which is described
first defendant has illegally put up
steel fabricated stairs in the setback area. As such the third
defendant passed provisional order under Section ... schedule
property has illegally put up steel fabricated stairs on the
setback area. They have inspected the 'B' schedule property
to verify whether
