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
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
Writ of Mandamus directing the respondents to regularise the minor violation of 0.08 FSI and 4% of Plot Coverage on the basis of the petitioners ... though not sanctioned, the construction was made and there is some minor violation. On the other hand, some aspects are sought to be disputed
Description
As per approved plan
As on site
Deviation / Violation
1
Size of the Building
Length at Stilt/GF(pt)
and 2nd Floor ... dwelling units
5 dwelling units
Excess by 1 dwelling units
5
FSI
1.30
(290.89 sq.m.)
1.90
(423.60 sq.m.)
Excess
notice has been issued to the
petitioner (P.S.Chezhian) and the violations in the said premises had been
noticed.
11. The 1st respondent CMDA ... Chezhian/the writ Petitioner on 27.10.2020 with reference to
approved plan and violations/deviations were noticed with regard to basement
floor and superstructure. Since there
Notification i.e. 19th February,
1991) and not exceeding the permissible FSI, plinth area and density and
for permissible activities. Sub-clause (iii) deals with ... structure as it existed when
the respondents moved the Tribunal complaining about violation within the
CRZ area was the same structure as on 19th February
M/S. Dosti Corportion vs Sea Flama Co-Operative Housing Society ... on 7 April, 2016
terrace or
building and to take advantage of any
increase in FAR/FSI being available in the
future.
(d) Charging high interest from the apartment ... facilities as per their discretion.
(f) Fastening the liability for defaults, violations
or breaches of any laws, bye laws, rules and
regulations upon the apartment
Standard Industries Limited vs See Flama Co-Operative Housing Society ... on 7 April, 2016
Author
Citizen Forum For Equality Through ... vs The State Of Maha. Through Chief ... on 7 September
