M. Rahamathunisha vs The Commissioner on 29 July, 2022
Author: R. Mahadevan
Bench: R. Mahadevan
FSI on
the subject plot as per 1967 DCR is 3.5 and as per 1989 DCR, the
permissible FSI is 1.33. As the FSI ... that the building does not exceed the permissible
FSI, and therefore, there is no FSI violation.
47. Mr. Seervai submitted that every facet
M. Rahamathunisha vs The Commissioner on 29 July, 2022
Author: R. Mahadevan
Bench: R. Mahadevan
relates to the demand for land use violation, incorrect FSI violation, Open Space Reservation charges and Metro Water infrastructure charges and interest thereon and consequently ... respondent to levy and collect regularization fee only in respect of FSI violation as per the actual FSI deviation of 3226.4sq.meters in terms
site is legal and not in violation of any provision of law, nor in contravention of the CRZ Notification dated 19th February ... been urged relating to violation of the CRZ Notification and also FSI violation and violation of height restriction imposed by the DC Regulations. The following
Tamil Nadu Town and Country Planning Act, 1971 Penalty / Charges (i) FSI violation - at premium FSI rates. (ii) Single regularization penalty instead of charging separate ... building to be regularized.
Road Width / Setback Violations not amounting to FSI Violation (FSI achieved upto 1.5)
FSI achieved between 1.5 and 3.0
FSI achieved
Tamil Nadu Town and Country Planning Act, 1971 Penalty / Charges (i) FSI violation - at premium FSI rates. (ii) Single regularization penalty instead of charging separate ... building to be regularized.
Road Width / Setback Violations not amounting to FSI Violation (FSI achieved upto 1.5)
FSI achieved between 1.5 and 3.0
FSI achieved
provide parking area and fire safety measures within the premises. Similarly, violations in FSI potentially impact the larger community and must not be condoned particularly ... commercial complexes. Violation in FSI result in a massive strain on the existing infrastructure facilities like road network, drainage, water, etc. and also impact
plans on the
ground that the construction had been raised in gross violation of the
sanctioned plan. Thereupon, Shri Jayant Tipnis sent notice dated ... Bombay Municipal Corporation and the builder on the issues
of FSI violation and the consequent non-granting of Occupation
certificate. This is a matter where
bungalow
beyond the permissible FSI should not be regarded as an unauthorized
construction and therefore in violation of the NOC issued by the
Ministry ... FSI upto 2.5 and
ought to have allowed the petitioners to retain the entire structure. It
was further contended that if the FSI