additional sum of ₹2.5 crores for securing the benefit of the
setback area which had been acquired by the Municipal Corporation
at an earlier point ... benefit of
additional Floor Space Index (FSI) in respect of the setback area,
which the Plaintiff had agreed to secure at his own cost
defendant is trying to further encroach 8x4 feet setback area of
the schedule property. Hence, sought for the relief of
declaration that the plaintiff ... owner of the setback area 3x4
feet towards eastern side and for the relief of mandatory
injunction to demolish the encroached portion of 3x4 feet
defendant is trying to further encroach 8x4 feet setback area of
the schedule property. Hence, sought for the relief of
declaration that the plaintiff ... owner of the setback area 3x4
feet towards eastern side and for the relief of mandatory
injunction to demolish the encroached portion of 3x4 feet
respect of the setback
area between their house. It is alleged that accused No.1 and
2 are agreed to leave the passage between these ... accused No.1 and 2 were
constructing the house by leaving setback area. When they
went near that place and asked the accused
unauthorized construction
3 O.S.No.3323/2012
constructed on the setback area measuring 3x25 feet
on the western side including the pillars and chajjas ... 3323/2012
Defendant is putting up her residential building
without leaving setback area on the western side
in contravention of the byelaws of BBMP
Byelaws by leaving proper setback. Inspite
of it, the defendant No.2 continued construction by
erecting pillars in the setback area. The plaintiff
approached jurisdictional ... requested to remove the construction made in the
setback area and to stop further construction undertaken
by defendant No.2. The defendant No.1 also
further
construction on the said suit schedule property without leaving
the setback area and mandatory injunction to demolish the
construction which is already ... without leaving the
setback area, and for costs and such other reliefs.
2. It is averred in the plaint that, the plaintiff is the
absolute
Neeta Sawant WP-18739-2024 with WP-4649-2025-FC
setback area and right of way from Main SV Road in favour of Vijay ... Competent
Authority on the limited issue of grant of benefit of setback area and
right of way from main SV Road. Each of these points
Neeta Sawant WP-18739-2024 with WP-4649-2025-FC
setback area and right of way from Main SV Road in favour of Vijay ... Competent
Authority on the limited issue of grant of benefit of setback area and
right of way from main SV Road. Each of these points
ground floor,
there is no excess construction on the first
floor.
Setback area
In In Violation in
percentage
m2 'Sqf'
Setback area according ... floor
74.43 801.1
2 7
First floor 111.9 1205.
70 23
Setback area in the building
constructed Ground
floor-
Ground floor
