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
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
property consisting
of land admeasuring 955.50 sq. mtrs. and road setback area of
84.60 sq. mtrs. It includes two buildings known as Ghatkopar
Chandroday ... entire land admeasuring 955.50 sq. mtrs.
with 84.60 sq. mtrs. road setback area, along with both buildings
known as Ghatkopar Chandroday
Respondent No. 2 and his wife (the present Petitioners)
within the setback area of the public road, and it was also alleged
that Respondent ... failed to remove the obstruction of the
construction done in the setback area.
In the affidavit filed by the Chief Officer
road set back area and the break-up of the area
calculation. Madhugiri asserted that if additional area
due to Road Setback Area ... MOFA carpet area and additional 12%
of existing area by way of utility area over and above the existing area as per the
approved MCGM
road set back area and the break-up of the area
calculation. Madhugiri asserted that if additional area
due to Road Setback Area ... MOFA carpet area and additional 12%
of existing area by way of utility area over and above the existing area as per the
approved MCGM
entire
plot and also take advantage of the setback area has
illegally divided the entire plot into Plot 'A' and Plot ... setback which is already
merged with the existing road will be formally handed over
to the Corporation from the total setback area and the
setback
taken part of the land for road widening as a setback area.
Simultaneously, adjacent to the setback area, it is widening the
existing road ... road widening. These are now to be moved to
the setback area -- which was taken for road widening -- thus
completely defeating the purpose
worse, the adjacent bakery that gave the undertaking to
surrender the setback area for road widening was granted 'repair'
permission as a result ... which the original structure was
demolished and then reconstructed consuming the setback area.
The MCGM has done nothing about this. Though pleaded in
Ground
