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
M.I. Builders Pvt. Ltd vs Radhey Shyam Sahu And Others on 26 July, 1999
Development Control Rules relating to.(Front set back,
FSI etc..) requirements respectively to the extend of
violations as per plan refused by the Member Secretary
aware that the
construction of the temple has not violated in any manner the
FSI Rule. However, the proposal submitted for regularizing
the construction
Godrej & Boyce Mfg.Co.Ltd. & Anr vs State Of Maharashtra & Ors on
area’. There is no exception for non-FSI area.
14. Indeed, the concept of FSI or non-FSI has no concern or
connection with grant ... artificial division on the basis of FSI and non-FSI area can be made.
Therefore, the NGT was fully justified in coming to the conclusion
when FSI has been specifically mentioned to be made a part
of each Development plan under section 22(m) the fixation of FSI cannot ... that clause the FSI has been defined in the Regulations and maximum
permissible limit fixed. Undoubtedly, to start with, fixation of FSI
treated as a
license to grant permission to violate the
height limit. Further height should be
counted by taking average height of the four
corners ... their area do not
permit a higher FSI for luxury hotels as indicated
above, the higher FSI may be allowed in
anticipation of suitable modifications
therefore, direct the Forest Department and MoEF to
initiate proceedings for violation of Forest (Conservation)
Act, 1980 in Khasra ... officials responsible for the violation, if any and to
proceed against them in accordance with law. (ii)The
observations of FSI with regard to Khasra
share-holding pattern of the appellant
company which amounted to the violation of condition no.31 of the tender
notice which provided that the nomination ... Town Planning and Urban Development Act,
1976 ) whereby the Floor Space Index (FSI) for construction applicable to
the area in which the property in question