carried out by them on the basis of IOD without violating FSI
limit. Therefore, there is no question of taking any action against
them under ... passed by the Trial
Court holding that construction of building no.4 violates CRZ II
area is against justice, equity and good conscience and same
Defendant Nos.1 to 4. Insofar as the allegation
regarding FSI violations is concerned, the Court clarified that the
pendency of this appeal and suit ... permissible FSI. It is thus the case of the Plaintiffs that the FSI free
construction made by the Defendants is in violation of the relevant
Defendant Nos.1 to 4. Insofar as the allegation
regarding FSI violations is concerned, the Court clarified that the
pendency of this appeal and suit ... permissible FSI. It is thus the case of the Plaintiffs that the FSI free
construction made by the Defendants is in violation of the relevant
petitioners. Since the
attempts of the second respondent may cause FSI violation, the Flat
Owners Association sent a representation dated 04.11.2015 in vain.
Hence
further observations of constructions being beyond the approved plan which
constitutes FSI violations.
3. The learned counsel for Respondent Nos. 1 & 2 states that ... accordance with the consent award as there was a certain FSI
which the parties agreed could be utilized and thereafter the parties would
have
prayers:-
Direct the Respondent to remove physical deficiencies and regularise the FSI violation and obtain the Occupation Certificate for Metropolis building and thereafter grant
senior counsel submits that the petitioner did not
commit any violation of any FSI norms, no such violations are alleged
by the respondent
public interest in the instant Petition is that
Respondent No.4 violated the FSI norms reconstructing the building.
2. That apart we do not find ... Respondent are
causing a public nuisance.
3. For every violation of law a Public Interest Litigation would not
lie for the reasons Courts would
allotted to
entrepreneurs at concessional rates with further benefits of additional
FSI. The grievance is to the allottees putting the constructions effected ... Respondent would also
seek information from the 2nd Respondent concerning the violation of
FSI norms. The decision would be taken qua not only Respondent
amount which
should be recovered for such violation so that the amount can
be deterrent and dissuade violaters of law and also to cover ... Committee may
suggest remedial measures including action against violaters of
law who complete projects in violation of mandatory provisions
making the situation irreversible, parameters
