property and
acquisition or alleged easementary right and encroachment on the
setback area blocking the air and light as alleged by the plaintiff.
The very ... entire area on
the Western side encroaching upon the setback area and in this
connection, the Court Commissioner can be appointed for
irrespective disputed property
Civil Appeal Nos. 4625-4626/2012 17
Development Zone/Setback Area from High Tide Line. The Report on
that aspect concludes as under:
“5.1 Extent ... setback distance in the islands.
Earlier the maximum value was considered as
the setback distance as a conservation
measure. Accordingly the setback distance in
each
prove the
encroachment of defendant No.2 on the setback area by putting
construction with deviation of building permission / sanction plan in
her property ... feet to the South and
East-South corner no setback
area shown.
Thus on perusal of these undisputed documents, the boundaries as
per sale deeds
know construction of building
by the defendant no.1 leaving setback area as shown
in the sketch at Ex.P12, and he does ... alleged that defendant
no.1 has not left 5 feet setback area and sought
negative relief in bare injunction suit with respect to
42
CT0028
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
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
removing the intervening wall between commercial unit no. G39 and
setback area of ground floor without obtaining any permission from
competent authorities. The said ... partition wall of unit G39 and setback area. The authorities of defendant
no.1 remained adamant and on 18/09/2014 sent the labour
part of the property having gone into road widening as set
back area. The road shown in the photographs, Exhibit-V to
the plaint ... compound wall is sought to be put up leaving the setback
area. A part of shed I has also gone in road widening
first floor and second floor measuring
6250 square feet of built up area and same was
constructed in the year 1965 by obtaining license ... building was constructed as per
the plan by leaving required setback area on all the
four sides of the building. The tenant M/s. Indian
their respective portion by leaving
the same 3 feet passage as setback on the
eastern side. The said passage belongs to the
plaintiff ... space belonging to the defendants,
claiming that it is the passage/setback area left by them
and hence, the suit is liable to be dismissed
